IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

344 Date of decision: 07.03.2026 Jarnail Kaur @ Jarnailo ...Appellant(s)

VERSUS State of Punjab ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. P.S. Sekhon, Sr. Advocate with Ms. Nitika Sekhon, Advocate for the appellant.

Dr. (Ms.) Savi Nagpal, AAG Punjab.

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VINOD S. BHARDWAJ, J. (Oral)

1. The appellant has challenged the judgment of conviction and order of sentence dated 04.04.2011 passed by the learned Judge, Special Court, Patiala whereby he was convicted in case bearing FIR No.373 dated 12.08.2008 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar, Patiala, and sentenced as under:-

2. Briefly summarized, the facts of the present case are that on

12.08.2008, while ASI Bhupinder Singh along with his police party was on patrolling duty near the turning of 15 village Chuharpur Marasian, Kulwant Singh, ex-Sarpanch of the said village, came there and started talking to him. In the meantime, a woman was seen coming from the side of Village Chuharpur Marasian carrying a plastic bag on her head. On seeing the police party, she, at once, tried to turn back. On suspicion, ASI Bhupinder Singh with the help of his companions stopped the said woman through lady constable Sarabjit Kaur, who, on inquiry, disclosed her name as Jarnail Kaur and also disclosed other particulars. ASI Bhupinder Singh informed Jarnail Kaur that he suspects her to be carrying some narcotic substance in the plastic bag and he intends to conduct search of the bag. He also apprised Jarnail Kaur of the right to get the search conducted in the presence of Magistrate or Gazetted Officer, who can be called at the spot. However, Jarnail Kaur reposed confidence in ASI Bhupinder Singh and expressed her desire to get the search conducted by him, upon which, consent memo was prepared. Thereafter, ASI Bhupinder Singh, conducted search of the plastic bag, which led to recovery of poppy husk. Two samples of 100 grams each were separated and the remaining poppy husk, weighing 15kg, 800 grams was made into a parcel. The sample parcels and the residue were sealed with the seal bearing impression ‘BS’ and the sample seal was prepared separately. All the aforesaid articles along with the sample seal were taken into possession vide separate memo. A ruqa was sent to the police station, on the basis whereof, case was registered against the appellant.

3. On return to the police station, the accused along with the case property was produced before the SHO, who verified the factum of recovery and counter sealed the parcels and the sample seal with his seal bearing impression "KS" and then deposited the case property with MHC. During the course of investigation, one sample parcel was sent to the office of the Chemical Examiner and the latter vide its report, opined the same to be "Chura poppy heads".

4. On completion of investigation and filing of the final report under Section 173 Cr. P.C., the charge was framed. The prosecution led its evidence, on conclusion whereof, the statement under Section 313 Cr.P.C was recorded. The appellant denied the allegations. No defence evidence was however led by the appellant/accused.

5. Parties were heard at length and upon consideration thereof, vide judgment dated 04.04.2011, the appellant was convicted for commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Vide order of sentence of the same date, the appellant was ordered to undergo RI for a period of 09 months with a fine of Rs.500/- and in default thereof, to undergo further RI of 01 month.

Aggrieved thereof, the instant appeal had been filed.

6. Learned senior counsel appearing on behalf of the appellant has vehemently argued that mandatory provisions of the