JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred by Jarnail Singh alias Jaila son of Mohan Singh, resident of village Pensra, District Hoshiarpur. He is aggrieved against the judgment of learned Additional Sessions Judge, Hoshiarpur, whereby he has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'the Act') and has been ordered to undergo sentence of 10 years' rigorous imprisonment and to pay a fine of Rs. one lac, in default of payment of which to further undergo RI for two years.

(2.) THE case FIR was registered at police station Mahilpur on the statement sent by ASI Sucha Singh to the effect that he was on patrol duty where he received a secret information from a special informant that in case a raid is conducted in the house (Basera) of the appellant, poppy husk can be recovered. Accordingly along the raiding party he proceeded to the spot. It is further case of the prosecution that when the house of the appellant was raided, he was present outside the house. An option of search being conducted in the presence of the Magistrate or Gazetted Officer was given to the appellant. However, he reposed confidence in ASI Sucha Singh. It is further stated that on interrogation, the appellant suffered a disclosure statement under Section 27 of the Indian Evidence Act to the effect that he had kept concealed in his house 7 bags of poppy husk. During trial the disclosure statement has been exhibited as PE. In furtherance thereof, recovery was effected vide recovery memo. Exhibit PF.

(3.) IN order to substantiate its case, the prosecution examined as many as 4 witnesses: