NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NAHAR Singh was found guilty of possession of 10 bags of poppy husk, each weighing 35 kgs, a total quantity of 350 kgs. The judgment was pronounced by the learned Judge, Special Court, Moga on February 2, 2000. Nahar Singh was sentenced to rigorous imprisonment for 12 years and to pay fine of Rs. 2 lacs, in default of payment, he was to further undergo for three years.

(2.) ON May 10, 1998 at 8 a.m. Sub Inspector Hardevinder Singh (PW-2) was present at Bhame Kalan Bus Stand. He was Station House Officer of P.S. Jhunir. He had some police officials accompanying him including ASI Gurbax Singh and ASI Ajit Singh. The Sub Inspector received an information that Nahar Singh, a known peddler of poppy husk, was in his fields on the path leading to Lakhvirwala. If a raid was conducted, a huge quantity of poppy husk could be recovered. SI Hardevinder Singh sent a wireless message to DSP Mander Singh Sandhu who reached the spot within half an hour. Together they went to the spot and when they reached Nahar Singh's field they found him sitting on the gunny bags. Nahar Singh was detained and the gunny bags were searched. Samples were taken from each of the ten bags. Whereafter, the samples were separately sealed and taken into possession.

(3.) AT the trial, the prosecution examined DSP Mander Singh Sandhu (PW-1) and SI Hardevinder Singh (PW-2). When the accused was examined under Section 313 Cr.P.C. he did not present any counter story but pleaded innocence and false implication. However, when called on to enter defence, Nahar Singh examined Mohinder Singh (DW-1) as a defence witness. Mohinder Singh stated that he was Sarpanch of the village. In May, 1998 the police had raided the house of the accused in his presence and in the presence of 4-5 other persons. Nothing incriminating was recovered from the house but the police took him with them. The witness learnt the next day that Nahar Singh had been arrested in a case of bhukki. This was a false case.