SANTOKH SINGH ALIAS PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 7.11.1997, passed by the Court of the Additional Sessions Judge, Jalandhar, who convicted the present appellant Santokh Singh son of Udham Singh 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 two years.

(2.) It may be stated at the first instance that along with the present appellant Balwinder Singh, his real brother was also tried with regard to the same incident and vide the impugned judgment dated 7.11.1997, he was given the benefit of doubt and was acquitted holding that the premises in dispute from where poppy husk was allegedly recovered was in the exclusive possession of the present appellant.

(3.) The brief facts of the case are that on 25.12.1991, SI Surinder Pal, SHO, Police Station Goraya, was present in the police station, where he received a secret information against Santokh Singh appellant that he was indulging in the sale of poppy husk in his residential house and if a raid was conducted, heavy quantity of poppy husk could be recovered from him. The I.O. took the information as reliable and recorded formal FIR, Ex. PC, in the Police Station. Thereafter, he raided the Village of the appellant and joined Milkhi Ram Chaukidar in the police party. The raid was conducted at the house of the appellant. The appellant was standing in front of his room in the Haveli. On seeking the police party, he managed to escape from there through a small window on the northern side of the verandah of the Haveli. SI Surinder Pal and other members of the police party chased him but the appellant succeeded in running away. Thereafter, the search of the Haveli was conducted by the I.O. in the presence of other members of the police party and Milkhi Ram, Chowkidar, and 20 bags of poppy husk were found alongwith the northern wall of the room and these bags were covered with a piece of cloth. The I.O. separated 250 grams of poppy husk by way of sample from each bag and made a sealed parcel thereof and the remaining poppy husk was separately weighed. On weighing, each bag contained 40 kg. of poppy husk. Poppy husk and the, after weighing, was put in the same bags. The entire case property was sealed and taken into possession, vide recovery memo, Ex.PB, attested by ASI Gulzar Singh and Milkhi Ram, Chowkidar. The case property was sealed with the seal bearing inscription 'SP'. The I.O. also prepared the rough site plan, Ex. PD, of the place of recovery and recorded the statements of the witness. On retum to the police station, the case property alongwith the samples and the sample seal, was deposited with the M.H.C.