- (1.) Present appeal has been preferred by Nachhatar Singh, who was nominated as an accused in case FIR No.39 dated 24.03.1997, registered at Police Station Moonak, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). The learned Trial Court vide the impugned judgment dated 11.03.2003 found the appellant guilty of offence under Section 15 of the NDPS Act and vide the order of even date, sentenced him to undergo RI for one year and to pay a fine of Rs.1000/-, in default whereof, he was to undergo further RI for one month.
(2.) In the present appeal, challenge is to conviction pronounced and sentence awarded by the learned Trial Court upon the appellant Nachhatar Singh.
(3.) Brief facts as culled out from the record of the case are, that on 24.03.1997 ASI Swaranjit Singh along with other police officials was on routine patrol duty. In the area of Village Chular Kalan, Balbir singh son of Santa Singh met the police party and he was joined with the police party. In the meantime, accused was seen coming from the side of Village Bakhora Kalan having a bag on his head. On seeing the police party, he tried to slip away, but he was apprehended on suspicion. On the consent of the accused for search before ASI Swaranjit Singh, search of the bag was conducted and it was found containing 25 kgs. poppy husk. Out of which two samples of 250 grams each were separated and remaining poppy husk weighing 24-1/2 kgs was put in the same bag. The samples and the bag were converted into parcels and sealed with the seal. Sample seal Ex.P1 was separately prepared and seal after use was handed over to PW Balbir Singh. Case property was taken into police possession vide memo Ex.PC. Thereafter, ruqa Ex.PH was sent to the police station, on the basis of which, formal FIR (Ex.PH/1) was registered. The Investigating Officer prepared the rough site plan (Ex.PJ) and on return to the police station, he produced the accused, case property and witnesses before SI Sukhminder Singh SHO, who verified investigation and interrogation the accused. On receipt of Ex.BK of Chemical Examiner and at the conclusion of investigation, challan against the accused was presented in the Court of Sub Divisional Judicial Magistrate, Sunam, who committed the case to the court of learned Sessions Judge, Sangrur. Finding a prima facie case against the appellant, he was charge-sheeted to which he pleaded not guilty and claimed trial.;