The court may reduce the sentence for a conviction under the NDPS Act based on mitigating circumstances such as medical treatment for de-addiction and past cases involving negligible quantities of contraband.

Rameshwar Singh Malik, J.

The present appeal is directed against the impugned judgment of conviction and order of sentence of even date, i.e., 28.10.2011 passed by learned Special Judge, Shaheed Bhagat Singh Nagar (Nawanshahr) arising out of FIR No.39 dated 10.3.2008 registered under Section 15 of NDPS Act at Police Station Banga, whereby the appellant was convicted for having in his conscious possession 15 Kg. of poppy husk without any licence or permit and he was accordingly sentenced for one year rigorous imprisonment and to pay fine of Rs.5,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for two months.

The facts of the case, in brief, which emerge from the record of the case are that on 10.3.2008, ASI Dilbagh Singh was on patrolling duty along with other police officials, in connection with checking of suspicious persons. In government vehicle bearing No. PB-12G-9050, they were going towards Village Kamam through Banga to Jhingra and Village Herian. The vehicle was being driven by Constable Saudagar Singh. When the police party reached ahead of Gurudwara Herian, one person was found coming from the side of Village Kamam on katcha path. He was carrying a plastic bag on his head. On seeing the police party, he got perplexed and tried to turn back. On suspicion, he was apprehended by the Investigating Officer with the help of other members of the police party. On asking, he disclosed his name as Surinder singh son of Des Raj resident of Village Herian, Police Station Banga. The Investigating Officer disclosed his name, rank and posting to the accused and apprised him that he was suspected to carry some intoxicant in the plastic bag and his search was to be conducted. The Investigating Officer apprised the accused of his legal right to get the search conducted in presence of some Gazetted Officer or a Magistrate. However, the accused reposed confidence in ASI Dilbagh Singh. Efforts were made to join some public witness for the purpose of investigation but nobody was ready. Consent of the accused was recorded, which was duly attested by the witnesses.

Thereafter, the search of the bag was conducted and poppy husk was found therein. 250 Grams of poppy husk was separated from the recovered contraband, as sample and its parcel was prepared. The remaining poppy husk, on weighing was found to be 14 Kg. 750 grams. The poppy husk was put into the same bag and its parcel was prepared. Both the parcels were sealed by the Investigating Officer with his seal bearing impression `DS'. Specimen seal impression was prepared separately. The seal after its use was handed over to Head Constable Nirmal Singh. The case property was taken into police possession vide separate recovery memo. The accused could not produce any licence or permit to keep 15 Kgs. of poppy husk in his conscious possession. Ruqa was sent to the Police Station for registration of the First Information Report (for short, `the FIR'). On the basis of the ruqa, the FIR was registered against the accused. Rough site plan on the place of recovery was prepared. Investigation was conducted and after conclusion thereof, report under Section 173 Cr.P.C, along with report of Chemical Examiner, was presented to the learned Court of competent jurisdiction.

After perusal of the report under Section 173 Cr.P.C and other documents on the record, a prima-facie case was found to be made out against the accused. Accordingly, he was charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The accused pleaded not guilty and he claimed trial.

In order to prove its case, the prosecution examined ASI Lakhvir Singh as PW1, who has prepared the challan against the accused. MHC Jarnail Singh was examined as PW2, who tendered into evidence his duly sworn affidavit as Ex.PA. SI Rupinderjit Singh was examined as PW3, who duly proved on record the form No.29, Ex.PA, specimen seal impression Ex.PB and entrustment memo