Baldev Singh vs State of Punjab

Adarsh Kumar Goel, J.—The appellant is alleged to have been found to be in possession of 26 kgs. of poppy husk on 20,7.1998 without any valid permit or licence in the area of village Deluana. It is alleged that SI Harmail Singh alongwith other police officials was going in connection with checking of suspicious persons, the accused was seen coming. He was apprehended and on search of the bag being carried on his head, poppy husk was recovered. A sample of 100 grams was drawn and the sample and residue were separately sealed with seal ''HS''. Recovery memo and other documents were drawn up. After complying with necessary legal requirements and completing investigation, the accused was challaned.

Prosecution examined SI Harmail Singh PW4 who is the main witness and his evidence was corroborated by other prosecution witnesses. The trial Court accepted the said evidence and convicted the appellant u/s 15 of NDPS Act. Hence this appeal.

Learned counsel for the appellant submitted that there was no ground to challenge the conviction. On perusal of record, I do not find any infirmity in the case of the prosecution. Conviction of the appellant is, therefore, affirmed.

Coming to the question of sentence, I am of the view that sentence awarded to the appellant is liable to be reduced having regard to the quantum of recovery and other circumstances of the case. Accordingly, sentence of imprisonment awarded to the appellant is reduced to RI for two years and sentence of fine is reduced to Rs. 3000. In default of payment of fine the appellant will undergo further RI for 2 months. Appeal is disposed of accordingly.