PALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgement dated 15.10.2003 vide which the appellant was held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the "NDPS Act").

(2.) As per the prosecution version, on 3.9.2002 ASI Surinderpaljit Singh along with other police officials was going from village Kulwanoo towards village Attalan via Kaccha path on Private Scooter and when they reached half kilometre ahead of village Kulwanoo, the present appellant was seen coming from the side of the village Attalan carrying a plastic bag in his right hand. On seeing the police party, he threw away the bag and tried to slip away but he was apprehended on suspicion. Due to throwing away of the plastic bag, some poppy husk came out from the bag and the Investigating Officer separated two samples of 250 grams each and the remaining came to 4 Kgs 500 Grams. Separate parcels of the samples and the remaining Poppy husk were prepared and sealed with the seal bearing impression 'SS'. The seal after use was handed over to ASI Karan Singh. The case property was taken into possession. The Investigating Officer sent the ruqa to the police station for the registration of the case on the basis of which the formal FIR was registered against the present appellant and the Investigating Officer completed the formalities of investigation at the spot and on return to the police station, he produced the accused along with the case property and the witnesses before the SHO Tejinder Singh, who also verified the factum of recovery from the accused and the witnesses, and also affixed the seal on the case property. Thereafter, the case property was deposited with the MHC. On the next day, the accused along with the case property was produced before the learned Judicial Magistrate. The sample parcel was sent to Forensic Science Laboratory for analysis and the report under Section 173 Cr.P.C was presented in the Court.

(3.) After compliance of the provisions of Section 207 Cr.P.C, the accused was charge-sheeted for the offence punishable under Section 15 of the NDPS Act.