IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

314 Date of decision: 26.02.2026 Baljit Ram ...Appellant(s)

VERSUS State of Punjab ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Adit Singal, Advocate for the appellant (Legal Aid Counsel).

Mr. Saurav Verma, Addl. A.G., Punjab.

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VINOD S. BHARDWAJ, J. (Oral)

1. The appellant has challenged the judgment of conviction and order of sentence dated 27.01.2011 passed by the learned Judge, Special Court, Shaheed Bhagat Singh Nagar (Nawanshahr) whereby he was convicted in case bearing FIR No.159 dated 06.10.2007 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Nawanshahr, and sentenced as under :-

2. The appeal pertains to the year 2011, however, there is no representation on behalf of the appellant. Accordingly, present case is being decided on merits by appointing a Legal Aid Counsel. Mr. Adit Singal, Advocate (PH/2908/2020), Advocate, who is present in the Court is appointed as Legal Aid Counsel to assist this Court on behalf of the appellant. Copy of the paper book was handed over to the Legal Aid Counsel, he has gone through the same as well as the soft copy of the TCR and had assisted this Court.

3. Briefly summarized, the facts of the present case are that on 06- 10-2007, ASI Gurmukh Singh alongwith, HC Pargan Ram, C. Amarjit and SPO Amrik Chand was going in a private car from Nawanshahr-Phillaur main road towards village Burj Tehal Dass for patrolling. When the police party was 50 yards short of drain bridge, one person was seen coming out from drain carrying heavy gunny bag on his head, who on seeing the police went towards the drain quickly. On the basis of suspicion, he was apprehended by ASI Gurmukh Singh with the help of other police officials. On asking, he disclosed his name as Baljit Ram son of Shambu Dyal. Thereafter search of the bag was conducted from which poppy husk was found. Out of which 250 grams poppy husk was taken as sample and its parcel was prepared and rest of the poppy husk came to be, 19 Kg. 750 gm and separate parcel was prepared. Sample parcel and parcel of remaining poppy husk were sealed with seal having Impression GS and sample seal impression was prepared. The seal after use was handed over to H.C. Pargon Ram. The sample, case property and simple seal impression were taken into possession vide different memos, which were attested by the witnesses. The accused could not produce any licence or permit to keep poppy husk in his possession. Ruqa was sent to the police station for registration of FIR and FIR was registered against the accused. Accused was arrested and upon completion of the investigation, the challan against the accused was presented in the court.

4. On appearance of the accused in the court, the copies of the challan, as envisaged under section 207 Cr.P.C., were supplied to the accused free of costs.

5. From perusal of the report under section 173 Cr.P.C. coupled with documents on record, finding a prima facie case, charge under section 15 of Narcotic Drugs and Psychotropic Substance Act, 1985, was framed again the accused to which, he pleaded not guilty and claimed trial.

6. The prosecution, in order to prove its case against the accused, examined PW1 HC Pargon Ram, who duly proved on record consent statement of accused Ex. PA, recovery memo Ex. PB, arrest memo of accused as Ex. PC, personal search memo of accused as Ex. PD, and entrustment memo Ex. PE. HC Jarnail Singh was examined as PW-2, who tendered into evidence his affidavit Ex. PF. SI Gurmukh Singh was examined as PW-3, who apart from proving the aforementioned documents, also proved on record specimen seal impression Ex. PG, FIR Ex. PJ, rough site plan Ex. PK, personal search memo Ex. PL. memo of handing over the case property to the SHO as Ex. PE, application moved before the Ld. duty magistrate as Ex. PO & PP, order passed by Ld. Magistrate is Ex. PQ, chemical examiner report Ex. PR, c