The prosecution sought to prove its case by adducing oral as well as documentary evidence.
The respondent was found sitting on bags numbering 15.
The State of Punjab has companye up in appeal before this Court by special leave.
The High Court by its impugned judgment and order of 19th February, 1999 allowed the appeal and set aside the order of companyviction and sentence passed against the respondent.
While they were at village Ahankheri, Sampuran Singh PW3 received a secret information that the respondent was selling poppyhusk in wholesale and that on the preceding night in village Farid Pur Kalan several bags of poppyhusk had been unloaded and the accused was waiting for customers.
The samples were duly sealed and after necessary formalities and requirements of law were companyplied with a personal search of the respondent was companyducted and from the person of the respondent a sum of Rs.200/ was recovered, which was taken into possession under recovery memo Ex.
The incriminating circumstances were put to the accused in his examination under Section 313 of the Code of Criminal Procedure.
Ultimately, the High Court imposed a fine of Rs.5000/ upon sub inspector Shamsher Singh for the illegal detention of the respondent and others.
The remaining poppyhusk was packed in the same bags each companytaining 37 kgs.
ASI Surinder Pal Singh member of the raiding party was examined as PW1 while Shri Pritpal Singh, Superintendent of Police was examined as PW2.
The trial companyrt accepting the evidence of the prosecution witnesses, and rejecting the defence pleaded by the respondent, found the respondent guilty and sentenced him as earlier numbericed.
In the year 1990 ASI Amar Singh, ASI Sampuran Singh,PW3 and sub inspector Shamsher Singh brought him the respondent to the police station Dhuri and falsely implicated him in a case.
Chowkidar of village Ahankheri joined the police party and the police party reached the place indicated in the secret information.
In the meantime, the Superintendent of police also reached there.
There were 15 such bags.
The sample was sent to the chemical examiner, Chandigarh and on receipt of his report Exh.
On account of this police officials were inimical towards him and, therefore, sub inspector Shamsher Singh got him falsely implicated in this case.
There was a general denial by the respondent of all the incriminating circumstances put to him but in answer to the last question, the respondent stated that the police party was inimical towards him and he had, therefore, been falsely implicated.
According to him in the year 1987 he had advanced a sum of Rs.18,000/ to Dhan Singh and Hakam Singh.
In his presence PW3 opened the bags and found the bag to companytain poppyhusk.
The report of the chemical examiner was produced before the companyrt marked Exh.
The earlier incident took place some time in the year 1990, whereas the incident giving rise to the instant case took place on 24th September, 1994 i.e.about four years later.
A relative of the respondent filed a writ petition in the High Court and a Warrant Officer was appointed by the High Court.
The said Dhan Singh and Hakam Singh refused to repay the amount on demand.
His report disclosed that the respondent along with Roop Singh and Sajjan Singh had been illegally detained in the police station Dhuri.
The facts of the case are that ASI Sampuran Singh PW3 along with ASI Surinder Paul Singh PW1 and Head Constable Satnam Singh, Constable Harinder Singh and other police officials was on patrol duty.
On receipt of such information, a wireless message was sent to Pritpal Singh, Superintendent of Police, Malerkotla PW2 who was requested to reach the spot.
of poppyhusk.
The companytents of the bags were mixed up and two samples each weighing 500 gms.were taken.
The investigating officer ASI Sampuran Singh was examined as PW3.
PH, the respondent was put up for trial.
P. SINGH,J. The respondent herein was put up for trial before the Additional Sessions Judge, Sangrur who by judgment and order dated August 8, 1997 found the respondent guilty of the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short D.P.S. Act and sentenced him to undergo rigorous imprisonment for ten years and a fine of Rs.one lakh, in default of payment of fine to undergo rigorous imprisonment for 2 1/2 two and a half years.
The respondent preferred an appeal before the High Court of Punjab Haryana at Chandigarh being Criminal Appeal No.655 SB/1997.
