- (1.) APPELLANT Darshna @ Moli has preferred this appeal against the order of conviction dated 12.3.2003, passed by the Special Judge, Nawanshahar to undergo rigorous imprisonment for 18 months and to pay a fine of Rs.1000/ - and in default of payment of fine to undergo further imprisonment for a period of one month. Briefly stated, case of the prosecution is that a police party headed by ASI Lehmbar Singh was present on the Chandigarh Chowk, Nawanshahar and at about 6:45 PM a special informer informed that Darshna @ Moli widow of Telu Ram was sitting on the bridge selling poppy husk. Constable Sarwan Ram was sent to Police Station to arrange a lady constable and the other police party reached near Gurdwara Tahli Sahib where independent witness Manohar Lal was joined. Accused was found sitting on the right side of the bridge. A gunny bag was lying near her and when it was checked she stood up. ASI Lehmbar Singh disclosed his name to the accused. He asked if she wanted to have her search conducted from a Gazetted Officer or from a Magistrate. She reposed faith in the Investigating Officer. The Investigating Officer then apprised the SHO P.S.City, Nawanshahar on wireless.
(2.) AROUND 7:30 PM, the DSP City Baldev Singh reached there in Government Gypsy accompanied by his gunman and disclosed his identity. He asked her if she wanted her search to be conducted from a Gazetted Officer. He further asked her if she wanted her search to be conducted from Magistrate. She stated that she has faith in the DSP. Her Statement EX.PA was recorded. Said writing was signed by her and attested by Constable Sarwan Ram PW.5. ASI Lehmbar Singh opened the gunny bag and found that it was containing poppy husk. He took 250 gms., of poppy husk by way of sample and converted it into a sample. The remaining contents of the bag on weighment were found to be 30 kgs. The Investigating Officer then sealed the said bag with seal of 'BS'. Specimen of the seal was prepared. The seal was retained by DSP Balbir Singh. Arrest memo EX.PH was prepared. It was thumb marked by the appellant and attested by PW.5 Sarwan Ram and Manohar Lal. Ruqa was sent to Police Station through Constable Siri Ram. Case property was handed over to MHC.
(3.) AFTER completion of investigation, the challan was presented. The appellant was charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 to which she pleaded not guilty and claimed trial. In order to substantiate the charge against the appellant, the prosecution agency examined the following witnesses: - PW.1 Constable Jaswinder Singh to prove special report sent to the Duty Magistrate; PW.2 ASI Lehmbar Singh, recovery witness; PW.3 MHC Paramjit Singh who had deposited gunny bag of poppy husk and sample packet weighing 250 gms. with specimen seal; PW.4 Constable Harjinder Singh who was entrusted with sample packet on 4.7.2001 i.e., after a gap of 40 days of the recovery; PW.5 Constable Sarwan Ram, a witness to the recovery; PW.6 DSP Balbir Singh, a Gazetted Officer in whose presence the recovery was effected; and PW.7 SI Baldev Singh before whom the case property was produced.;