GURCHARAN SINGH @CHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 30.10.1995 passed by the Additional Sessions Judge, Hoshiarpur whereby the appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 28.11.1994, Inspector Amrik Singh along with other police officials/officers was on patrolling duty and was present on canal bridge within the area of village Kangna. A secret information was received that the appellant had been indulging in the sale of poppy husk and that he was present with the bags of poppy husk in the revenue estate of village Mehomoodpur. Efforts were made to join independent public person in the police party but in vain. When the police party reached near Khad in the area of village Mehomoodpur, appellant was found sitting on three bags of poppy husk. On a wireless message, D.S.P. Dilbagh Singh also reached there. On verification the bags were found to contain poppy husk. D.S.P. Dilbagh Singh took out a sample weighing 250 grams from each of the three bags. All the three samples were converted into sealed parcels with the seal of D.S. The three bags containing chura post were also sealed with the same seal. Seal after use was retained by the said D.S.P. The appellant could not produce any licence or permit for keeping poppy husk in his possession. Ruqa Ex.PC was sent to the Police Station on the basis of which First Information Report Ex.PC/1 was recorded. Case property was deposited in the Malkhana. Sample parcels were sent to the office of the Forensic Science Laboratory. On receipt of the report Ex.PG and after completing the investigation a charge- sheet was submitted to the Court.

(3.) IN support of its case, the prosecution examined three witnesses. A.S.I. Charan Singh was a member of the police party and is a witness to the search and recovery of the poppy husk. Inspector Amrik Singh (PW.2) is the Investigating Officer and it was he who had received the secret information and had apprehended the appellant while sitting on the three bags containing poppy husk. D.S.P. Dilbagh Singh (PW.3) had reached the spot on a request made by Inspector Amrik Singh. He had taken out the samples from the three bags and had converted the samples and the remaining three bags into sealed parcels with the seal of D.S. The report of the Chemical Examiner Ex.PG was tendered in evidence.