MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 7.7.2004 vide which appellant-Manjit Singh has been held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and the order of sentence dated 8.7.2004 vide which he has been sentenced to undergo the rigorous imprisonment for a period of 4 years and to pay a fine of Rs.5,000/-, in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of 6 months.

(2.) The brief facts of the case, in nutshell, are that on 13.1.1999, ASI Gursewak Singh, Incharge Police Post, Dodewala along with police officials was present at Defence road in the area of village Dodewal in connection with patrol duty and nakabandi. Truck No.PB-10E 9531 came from the side of petrol pump Dodewala which was signalled to be stopped by Head Constable Kuldeep Chand. The said truck was being driven by co-accused Balbir Singh (now deceased) and the second person present in the truck was appellant Manjit Singh @ Mita. The Investigating Officer told the accused that he suspected some intoxicating material in the truck and the search thereof is to be taken. He gave option to the accused for the search to him or in the presence of some Gazetted Officer or the Magistrate. The accused opted to give the search in the presence of some Gazetted Officer. The Investigating Officer prepared the consent memo Ex.P2 of co-accused Balbir Singh and Ex.P3 of the present appellant-Manjit Singh. Thereafter, he sent a wireless message to Police Station Sadar Abohar, requesting to send some Gazetted Officer or the Magistrate at the spot. After sometime, Mr. Gurmit Singh Randhawa, Deputy Superintendent of Police, arrived at the spot. He also sought the option of the accused for the search and prepared the consent memos Ex.P4 and Ex.P5. Thereafter, in the presence and on the direction of the DSP, the search of the truck was carried out which led to the recovery of the opium wrapped in the glazed paper from a bag (jhola) hanging on the back seat of the driver of the truck. Two samples weighing 10 grams each were separated. Remaining opium came to 1 kg 980 grams. The sealed parcels of the samples and residue were prepared and were taken into possession vide memo Ex.P7. The Investigating Officer sent ruqa Ex.P18 to the police station on the basis of which FIR Ex.P1 was registered. The truck along with documents was also taken into possession. Accused were arrested. On reaching the police station, the Investigating Officer handed over the case property and the accused to SHO Nagore Singh who further sealed the parcels of the case property with his seal. He also produced the case property in the Court of learned Illaqa Magistrate vide application Ex.P14 on which the Iearned Illaqa Magistrate passed the order Ex.P16 and directed the case property to be kept in malkhana. One sample parcel was sent to the Chemical Examiner, Jalandhar for analysis which was found to be opium vide report Ex.P19. On completion of the formalities of investigation, the report under Section 173 of the Code of Criminal Procedure was presented in the Court.

(3.) The present appellant along with his co-accused Balbir Singh was charge-sheeted for the offence punishable under Section 18 of the Act vide order dated 4.5.1999 by the learned trial Court to which they pleaded not guilty and claimed trial.