BALJIT SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 04.03.2015 rendered by the learned Judge, Special Court, Jalandhar, in case no.29491 of 2013, whereby appellant along with co-accused Paramjit Kaur and Baljit Singh were charged with and tried for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). The appellant has been convicted thereunder and sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of Rs.1,50,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

(2.) The case of the prosecution in a nutshell is that on 18.08.2012, Inspector Surinder Pal Singh along with ASI Charanjit Singh and other police officials were present in the area of Parjian road in government vehicle in connection with checking of bad elements. When the patrolling police party reached Parjian road, Bulandpur gate, a secret information was received by Inspector/SHO Surinder Pal Singh that one Baljit Singh alias Kala son of Darshan Singh resident of Chhote Bille along with his accomplices was in possession of huge quantity of poppy husk. He was actually engaged in the business of sale of said contraband to the people. In case the raid was conducted at dera/behak, a huge quantity of contraband, i.e. poppy husk could be recovered. He wrote ruqa and sent it to police station for registration of a case. In the meantime, he also informed Halqa DSP namely Sh.H.S. Hundal who was requested to reach the spot. The raid was conducted in a room meant for tethering cattle in the Haveli at Dera. Police recovered 35 bags of poppy husk. He made homogeneous two samples each of 500 grams. These were converted into separate parcels. Remaining contraband was put back into the bags. 34 bags weighed 35 kgs each and one bag weighed 34 kgs. These bags were sealed. On 19.08.2012 during investigation, Investigating Officer /SHO raided Behak/Dera. Accused Darshan Singh and Paramjit Kaur were arrested. Investigation was completed. Challan was put up after completing all the codal formalities.

(3.) Prosecution examined a number of witnesses. The statements of accused were recorded under Section 313 Cr.P.C. They had denied the case of the prosecution. Accused had also examined four witnesses in their defence. The appellant was convicted and sentenced as noticed hereinabove. However, co-accused Darshan Singh and Paramjit Kaur were acquitted of the charges framed against them by giving them the benefit of doubt. Hence the appeal.