FAQURIA KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 18-9-1996, passed by the Court of the Additional Ses­sions Judge, Sangrur, who convicted the present appellant Faquria Khan, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for one year.

(2.) THE brief facts of the case are that on 18-6-1994, AS I Surinderpal Singh accompanied by Head Constable Bikar Singh, Constable Bhupinder Singh and other police officials of Police Station Malerkotla, set out for patrol and detec­tion of suspects. They were proceeding towards Takhar Khurd from the side of Rajkot along with the bank of canal minor. When they were at a distance of 200 yards ahead of Railkot Road, appellant came there from the side of Takhar Khurd. In order to avoid detection, the appellant took turn towards the right side. At that time, he was carrying a gunny bag on his head. He was apprehended, the I.O. en­quired from him as to whether he wanted to give the search of the bag in the presence of a Magistrate or a Gazetted Officer. The accused reposed confidence in the police party as a result of which, his statement, Ex. PA, was recorded. It was read over and explained to the appellant, who thumb-marked the same in token of its correct­ness. Thereafter, the search of the bag was taken and poppy husk weighing 22 kgs. was found. The I.O. prepared two samples of 250 grams each. The samples and the remaining poppy husk were separately sealed after making a sealed parcel with the seal bearing inscription 'SS'. The seal after use was handed over to HC Bikar Singh. On further search of the appellant, a sum of Rs. 20/- was recovered. Accused could not produce any licence or permit for the possession of the poppy husk. Resultantly Ruqa Ex. PD, was sent to Police Station for the registration of the case and the formal F.I.R. Ex. PD/1, was registered. The I.O. also prepared the rough site-plan, Ex. PE of the place of recovery.

(3.) ON the closure of the prosecution evidence the statement of the accused was recorded under Section 313, Cr. P.C. and all the incriminating circumstances ap­pearing in the prosecution evidence were put to the accused. The appellant denied those circumstances and stated that he was taken away from his village and after illegal detention for a week, he was implicated falsely in this case.