GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction as well as the order of sentence dated 30.07.2004 vide which the appellant was convicted for offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs.2000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days.

(2.) Brief facts of the case are that on 06.10.2000 ASI Gurbachan Singh accompanied with his co-officials was present in the area of village Galib Kalan, in connection with patrolling and checking of bad elements in a government vehicle bearing registration No.PB10P-2959. When the police party reached at Bus Stand village Galib Kalan, Kuldip Singh son of Karnail Singh met the police party and when the police party reached little ahead of bridge canal minor, one person was seen coming carrying a gunny bag on his head, who on seeing the police party at once turned towards 'chari' fields. On suspicion, he was apprehended and on enquiry he disclosed his name as Gurcharan Singh @ Ladi. ASI Gurbachan Singh asked him that he suspects some contraband in his bag and the search of the same is to be conducted and thereafter, he gave an offer to the accused that if he so desires the search can be conducted in the presence of a Magistrate or a Gazetted Officer. The accused reposed confidence in him and gave consent for his personal search. In the presence of the witnesses the search of the gunny bag was carried out and poppy husk was recovered from the same. From the recovered poppy husk two samples of 250 grams of poppy husk each were taken out and the remaining poppy husk on being weighed was found to be 27 Kgs. 500 grams. Both the samples and the gunny bag were prepared into parcel and were sealed by the Investigating Officer, with his seal bearing impression 'GS'. The sample seal was separately prepared and the seal after use was taken into police possession vide recovery memo. The accused was arrested and after completion of the investigation, report under Sec. 173 Crimial P.C. was prepared and challan was presented before the trial Court.

(3.) On presentation of the challan, charge under Sec. 15 of the NDPS Act was framed against the accused, to which he pleaded not guilty and claimed trial.