Nirmal Yadav, J. - (1.) Appellant -Nirmal Singh alias Nimmi has challenged the judgement of conviction and order of sentence dated 16.05.2005 passed by the Special Judge, Sangrur, convicting accused -appellant under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) and sentencing him to undergo rigorous imprisonment for a period of ten years and imposing a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for two years.
(2.) The case of the prosecution, in brief, is that on 01.01.1998, police party headed by ASI Sukhkirpal Singh (PW4) in the official vehicle bearing registration No. PB -13B -1582, was going for patrolling. When they reached in the area of canal minor of village Bhatian Kalan, a person was seen sitting on three gunny bags on the passage of canal minor. On suspicion, he was apprehended. He was given an option of getting his search conducted by some Gazetted Officer or a Magistrate. He expressed his desire to be searched by some Gazetted Officer, vide statement EX PE. Accordingly, Rajbachan Singh, DSP, Dhuri was called at the spot. The Investigating Officer is stated to have made efforts to join independent witness, but nobody was available. On the direction of Rajbachan Singh, DSP, the Investigating Officer opened and checked the three gunny bags, the contents of which were found to be poppy husk. Out of these gunny bags, two samples of 250 grams each were separated and remainder contraband was weighed with the help of spring scale. Each bag was found to be contain 29 kgs. 500 grams poppy husk. From all the bags, total 88 kgs 500 gms. poppy husk was recovered. All the six samples were made into parcels separately. The sample parcels as well as the bags were sealed with the seal of ASI Sukhkirpal Singh bearing impression 'SS'. Sample seal was prepared separately, vide EX P -1, which was verified by DSP. All the articles were taken into possession, vide recovery memo EX. PC, attested by DSP Rajbachan Singh, HC Paramjit Singh and C -1 Narinder Singh. Ruqa, Ex PF, was sent to the police station, Dhuri, on the basis of which formal first information report EX PF/1 was recorded. Rough site plan, EX. PG with regard to place of search and seizure was prepared with correct marginal notes. As per report of Chemical Examiner, EX.PJ , the contents of samples were found to be poppy husk. On completion of the investigation, challan was presented in the court of Illaqa Magistrate and the case was committed for trial to the Court of Sessions Judge, Sangrur, who entrusted the same to the Court of Special Judge, Sangrur. The accused was charge sheeted under Sec. 15 of the Act, to which he pleaded not guilty and claimed trial.
(3.) In order to prove its case, the prosecution examined HC Pritpal Singh (PW1), HC Nirbha Singh (PW2) both of them submitted their affidavits EX PA and EX. PB respectively, PW3 DSP -Rajbachan Singh, PW4 Sukhkirpal Singh, the Investigating Officer, PW -7 HC -Paramjit Singh, recovery witnesses and PW -5 Rajwinder Singh, SHO, Police Station Amargarh, who verified the investigation and interrogated the accused and after his satisfaction put his seal on all the parcels containing the samples as well as the remainder. He also attested the sample seal, EX P -1. The case property was deposited with the MHC Pritpal Singh.;