K.S.GAREWAL, J. - (1.) PHUMAN Singh (45) of Aklia and Janga Singh (71) of Kothe Bhupal, Mansa were tried by the learned Judge, Special Court, Mansa for possession of 1550 kg (50 bags of 31 kgs each) of poppy husk. They were both convicted on May 24, 2002 and sentenced to rigorous imprisonment for 15 years and to pay fine of Rs. 1,50,000/-, in default of payment to further undergo rigorous imprisonment for 1 year and 6 months. According to the prosecution, on January 17, 2001 SI Harpal Singh (PW-2), SHO, Police Station, Joga along with ASI Hardam Singh (PW-4) and other police officials were going towards Joga, Makha Chehlan,
(2.) ANOOPGARH . When the police reached near Bus Stand Joga, they met Beant Singh of Burj Jhabar, who was also joined with the police party. When the police reached near the bridge of canal in Makha Chehlan, HC Gurcharan Singh, who had earlier been sent by SI Harpal Singh to collect secret information, met them and informed that Phuman Singh and Janga Singh were selling poppy straw. The two of them had kept a huge quantity of poppy husk in mustard field in Anoopgarh. HC Gurcharan Singh further informed that spot could be approached through the passage on the western side of Anoopgarh and after travelling 3/4th kilometer the path turned left. Si Harpal Singh took HC Gurcharan Singh with him and the police party reached the stated place where they found Phuman Singh and Janga Singh sitting on 50 bags of poppy straw. They were both apprehended and asked to disclose their identities and addresses. They were informed that they had the right to be searched before a Gazetted Officer or a Magistrate. Si Harpal Singh sent a message to Police Control Room, Mansa and after some time DSP Balwinder Singh Romana (PW-1) reached the spot along with Inspector Chuhar Singh, CIA Staff Mansa and Si Kesar Singh, SHO, P.S. Sadar Mansa. DSP Balwinder Singh Romana (PW-1) informed both Phuman Singh and Janga Singh of their right to be searched by a Gazetted Officer or a Magistrate and recorded their consent. Thereafter their respective identity memos were prepared and on instructions from DSP Balwinder Singh Romana (PW-1), Si Harpal Singh searched the bags. There were 50 bags in all, 2 samples of 100 grams each were taken from each bag and the balance quantity of poppy straw was found to be 30.800 kgs in each bag. Entire case property was taken into possession. Recovery memo was witnessed by ASi Hardam Singh, Beant Singh and DSP Balwinder Singh Romana. Both Phuman Singh and Janga Singh were arrested. On return to the Police Station, the two accused were put in the police lock up. On the basis of the report sent by Si Harpal Singh, F.I.R. was registered at Police Station, Joga, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the Act). The samples were sent for analysis to Forensic Science Laboratory, Chandigarh. Deputy Director (Toxicology) reported that the contents of the sample were of poppy straw.
(3.) AFTER conclusion of the investigation, the accused were sent up for trial. They were charged for having been in possession of 50 bags of poppy husk, each containing 31 kgs, without any valid permit or licence. Charge was framed under Section 15 of the Act on May 2, 2001, which was read over to the accused. They pleaded not guilty and claimed trial. At the trial the prosecution examined DSP Balwinder Singh Romana (PW-1), SI Harpal Singh (PW- 2), C. Malkiat Singh (PW-3) and ASI Hardam Singh (PW-4).;