V.M.JAIN, J. - (1.) THIS is an appeal against the judgment and order dated 28.9.1985 passed by the Additional Sessions Judge, Faridkot, convicting the accused appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentencing him to undergo RI for 10 years and to pay fine of Rs. 1 lakh and in default of payment of fine to further undergo RI for 3 years. Initially the appeal was filed through jail. Later on, accused appellant had engaged a counsel, who addressed arguments in this appeal on behalf of the accused appellant.
(2.) THE facts in brief are that on 26.5.1993, ASI Gurcharan Singh, while posted in CIA Staff, Moga alongwith other members of the police party was going from Bohana to Bughipura in a government vehicle and when the police party reached the culvert of a drain in the area of Village Bohana, accused appellant Gurdev Singh was found sitting on the gunny bags in the drain. Suspecting that the gunny bags contained some intoxicants, accused appellant Gurdev Singh was served with a notice as to whether he wanted the search to be taken by a Magistrate or a Gazetted Officer. However, the accused declined the offer and reposed confidence in ASI Gurcharan Singh, whereupon consent memo Exhibit PB was prepared in this regard, which was thumb marked by accused appellant Gurdev Singh and attested by the other police officials. Thereafter search was taken and all the 5 bags which were in possession of accused appellant Gurdev Singh were found containing poppy husk. Four of the bags were found containing 40 kilograms while 5th bag was found containing 36 kilograms of poppy husk. A sample of 250 grams of poppy husk was taken out from each gunny bag and thereafter samples and the bulk were duly sealed. The samples and the bulk were taken into possession vide recovery memo Exhibit PC after preparing the sample seal. The seal after use was handed over to ASI Surjit Singh. Thereafter ASI Gurcharan Singh sent ruqa Exhibit PE to the police station, on the basis of which formal FIR exhibit PE/1 was recorded. ASI Gurcharan Singh prepared the rough site plan Exhibit PF and recorded the statements of PWs. On reaching the police station, ASI Gurcharan Singh produce the case property alongwith accused before SHO Ajmer Singh, who after verifying the investigation from him and the accused, affixed his own seal on the 5 samples and 5 gunny bags and also attested the sample seal. Thereafter, ASI Gurcharan Singh deposited the case property while the accused was lodged in police lock up. After receipt of the report of the Chemical Examiner and after completion of investigation challan was put in the court. The learned Additional Sessions Judge charged the accused under Section 15 of the NDPS Act to which charge he pleaded not guilty and claimed trial. Prosecution in support of its case examined PW1 ASI Surjit Singh, PW2 ASI Gurcharan Singh and PW3 ASI Ajmer Singh and thereafter the learned Public Prosecutor closed the prosecution evidence, after tendering in evidence the affidavits of Constable Sukhwinder Singh and MHC Surpal Singh and after tendering in evidence the report of the Chemical Examiner Exhibit PF and after giving up the remaining witnesses. The statement of the accused under Section 313 Cr.P.C. was recorded in which he denied the prosecution allegations and stated that he was innocent and that he had been falsely implicated in this case. He stated that nothing was recovered from him. The accused was called upon to enter upon defence. However, he did not produce any evidence in defence and closed the defence evidence.
(3.) THE learned Additional Sessions Judge, after hearing both sides and after perusing the record, convicted the sentenced the accused appellant, as referred to above, vide judgment and order dated 28.9.1995. It is against this judgment and order of the learned Additional Sessions Judge that the accused appellants has filed the present appeal in this court.;