VIRENDER SINGH, J. - (1.) APPELLANT -Pehalwan Singh has suffered conviction vide impugned judgment of learned Special Court, Ludhiana dated 29.7.2003 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act'). He has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default of payment of fine to further undergo RI for one year.
(2.) WHILE declining the prayer for suspension of sentence at the time of admission, the appeal was ordered to be heard on a particular date. It could not, however, be heard for a considerably long time. The applicant moved another application for suspension of sentence. Since, the appeal was already on the regular board for final hearing, the said prayer was again declined yet, keeping in view the fact that the applicant is of the age of 76 years, the appeal was ordered to be heard at an early date. In brief the case of the prosecution is that on 25.9.1997, SI/SHO Balwinder Singh received a secret information that the appellant has been in possession of a huge quantity of poppy husk and if timely raid is conducted the same could be recovered. On the basis of the said information, a formal FIR Ex. PA was recorded in the Police Station. Information in this regard was also sent to DSP Ashok Puri. A raiding party consisting of ASI Teja Singh PW3, ASI Surjit Singh and other police officials was organised. PW Wazir Singh (independent witness given up as having been won over during the trial) was also joined. The house of the appellant was raided in the area of village Bhundri. The appellant was found present in his house. He was arrested and while in police custody he suffered disclosure statement Ex. PB to the effect that he kept concealed 30 bags of poppy husk near the bank of Sutlej river in a pit underneath grass about which he alone knew and could get the same recovered. The aforesaid disclosure statement was thumb marked by the appellant and attested by the official witnesses and aforesaid Wazir Singh. The appellant then led the police party to the place of recovery and got recovered 30 bags of poppy husk from the disclosed place, out of each bag, two samples of 250 grams were separated and converted into separate parcels. On weighment the remaining poppy husk from each bag turned out to be 34 kags 500 grams. All the sample parcels and the bags containing the remainder were sealed by SI Balwinder Singh, the Investigating Officer with his own seal bearing impression BS and of DSP Ashok Puri bearing impression 'AP'. The sample seal chit was also prepared separately and the seal after use was handed over to ASI Surjit Singh. The entire case property was then taken into possession vide recovery memo Ex. PE, attested by the aforesaid PWs including DSP Ashok Puri. A rough site plan of the place of recovery Ex. PH was also prepared at the spot. On return to the Police Station, SI Balwinder Singh produced the case property before ASI Harbans Singh PW1 who verified the facts and further sealed the case property with his own seal bearing impression 'HS'. Thereafter the case property was deposited with MHC Janak Raj PW23. After the receipt of the report Ex. PJ from the Forensic Science Laboratory (FSL), the appellant was challaned to face trial. He was charged under Section 15 of the Act and as stated above, he has been convicted and sentenced.
(3.) THE case of the prosecution hinges upon the evidence of PW1 ASI Harbans Singh who has complied with the provisions of Section 55 of the Act, MHC Janak Raj PW2 has tendered his affidavit Ex. PA to prove the link evidence, ASI Teja Singh PW3 is a witness to the recovery, Constable Lakhbir Singh PW4 has also tendered his affidavit Ex. PJ with regard to the link evidence. SI Balwinder Singh PW5 is the Investigating Officer of the case. His evidence has already been detailed in the preceding paras. DSP Ashok Puri PW6 has again been a witness to the recovery. ASI Surjit Singh has been given up as unnecessary whereas PW Wazir Singh, the independent witness has also been left out by the prosecution as having been won over by the accused. The other witnesses being formal in character were also given up as unnecessary. The report of the FSL has been tendered as Ex. PJ.;