SITA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed on the accused-appellant by the learned Additional Sessions Judge, Sangrur in Sessions Case No. 83 of 1988 dated 4.4.1989.

(2.) The accused-appellant was prosecuted for the offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act). According to the case of the prosecution the accused was found in possession of 245 kgs of poppy husk which was recovered from him in pursuance of a disclosure statement said to have been made by the accused to Sub Inspector Mohinder Singh. Further, according to the prosecution, the poppy husk contained in seven bags was concealed underneath the bushes near the tail of Landa Sua and the accused got it recovered on the basis of his disclosure statement. After recovery, a sample of 250 Gms. was taken from each bag and the same were sealed. The bags containing remaining poppy husk after taking samples were also sealed. On the basis of the ruqa a case was registered against the accused in F.I.R. No. 108 dated 13.8.1988 and after completion of the investigation, a charge-sheet was filed against the accused.

(3.) After committal of the case to the Court of Sessions, the learned Additional Sessions Judge framed a charge under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act against the accused to which the accused pleaded not guilty.