- (1.) CHALLENGE in this criminal appeal is to the judgment of conviction and the order of sentence, dated 11.3.2002, passed by the learned Judge, Special Court, Ludhiana, whereby the appellant was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS Act'), for retaining 22 Kgs. of poppy husk and was ordered to undergo rigorous imprisonment for four years, besides payment of fine of Rs. 1,000/ - and in default thereof to undergo further rigorous imprisonment for six months.
(2.) LEARNED counsel for the appellant at the very outset states that he does not want to contest the appeal on merits, however, in view of the facts and circumstances of the case, the sentence awarded to the appellant is on higher side.
(3.) THOUGH the learned counsel for the appellant has proposed not to challenge the conviction of the appellant on merits, but to satisfy the conscience of this Court, whole material available on record has been rescanned with the assistance of the learned counsel for the appellant as well as learned counsel for the State. Brief facts of the case are that on 20.4.1998, Inspector Gulzar Singh along with fellow police officials, in a Government Gypsy bearing No. PB -26 -2017, was present at G.T. Road, Khanna, in connection with patrolling etc. A secret information was received that the appellant, Ram Dev, along with his employer Tarlochan Singh, was indulging in sale and purchase of poppy husk and if a raid was conducted then Tarlochan Singh and Ram Dev could be caught red handed. A memo was sent to the police station through Constable Kulvir Singh, on the basis of which formal FIR (Ex.PA/1) was recorded at Police Station, Sadar, Khanna, by ASI Shamsher Singh. Inspector Gulzar Singh requested Mr. Balwant Singh, Deputy Superintendent of Police, Khanna, to reach the spot and further requested to send a special report to the higher police officers. The police party visited the factory of Tarlochan Singh. Tarlochan Singh and Ram Dev were not found present there. The employees informed the police party that Tarlochan Singh did not come to the factory while Ram Dev had gone to his house. The police party went to the house of Tarlochan Singh and from there they came to know that he (Tarlochan Singh) had gone out in connection with his work and Ram Dev had also gone somewhere else. The police party again visited the factory owned by Tarlochan Singh.;