GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment and order dated 16th August, 1996 passed by the Court of Additional Sessions Judge, Faridkot, who convicted Appellant Gurcharan Singh Under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ''Act') in case F.l.R. No. 115, dated 1st October, 1994 registered at Police Station Lambi, and sentenced the Appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000. In default of payment of fine the Appellant was further directed to undergo rigorous imprisonment for a period of one year more. Against the order of conviction and sentence, the Appellant has filed the present appeal.

(2.) BRIEF facts of the case are that on 1st October, 1994 A.S.I. Mukhtiar Singh of Police Post Killian Wali, along with Head Constable Mohinderjit Singh, P.H.G. Ajit Singh and other police officials were returning from the side of village Singhewala Fatuhiwala after patrolling in Government vehicle bearing registration No. PB -04B -9568 and the police party was proceeding towards police post Killian Wali. When the police party crossed village Singhewala Fatuhiwala and covered about one kilometre via kacha path, accused Gurcharan Singh was seen coming from the opposite side. He was having a bag in his hand and on seeing the police party, he turned towards the fields towards his right side. On suspicion, he was stopped. In the meanwhile, independent witness Hansa Singh of village Singhewala Fatuhiwala came there and he was associated. Thanedar Shri Mukhtiar Singh told Gurcharan Singh accused that the former had suspicion upon the latter and whether the latter wanted to give the search in the presence of a Gazetted Officer or a Magistrate. The accused, however, reposed confidence in the Thanedar, who recorded the consent statement (Exhibit PA), which was read over and explained to the Appellant, who signed the same in token of its correctness and it was attested by Head Constable Mohinderijt Singh and independent witness Shri Hansa Singh. The statement was also attested by A.S.I. Mukhtiar Singh. Thereafter the search of the person of the Appellant was taken. From the bag, which the accused was holding in his right hand, opium was recovered. On, weighment, it came to 2 kgs. The Thanedar took out 10 grams of the opium as a sample and made a sealed parcel thereof. The remaining opium was separately sealed. Both the parcels were sealed with the seal of Mukhtiar Singh, A.S.I. The seal after use was handed over to independent witness Hansa Singh. The entire case property was taken into possession vide recovery memo. Exhibit PB, which was attested by the said witnesses. From the Jama Talashi of the Appellant, a sum of Rs. 5,000 was recovered and this currency was taken into possession vide recovery memo. Exhibit PC. The grounds of arrest were also supplied to the accused vide memo. Exhibit PD. The accused could not produce any licence or permit for the possession of the opium. Resultantly, Ruqa Exhibit PG was sent to Police Station for the registration of the case through Constable Nirmal Singh, on the basis of which formal first information report (Exhibit PG/1) was recorded. Rough site plan of the place of recovery was prepared, which is Ex. PH. Thanedar recorded the statements of the witnesses. Thereafter, the accused and the case, property along with the sample of the opium and the seal were produced before S.H.O. Pirthi Singh. The S.H.O. checked the seal on the case property, sample and found the same intact. The S.H.O. then put his seal thereon. Thereafter, the accused along with the case property was also produced before the Illaqa Magistrate on the same day, vide application Exhibit PF, on which the Magistrate made an endorsement Exhibit PF/1. Finally, the case property was deposited with Moharrir Head Constable Major Singh at Police Station Lambi. The sample of the opium was sent to the office of the chemical examiner, who vide report Exhibit PK declared the contents as opium. On the completion of the investigation of the case, the accused was challaned in the Court of Illaqa Magistrate, who supplied copies of the documents to the accused and vide commitment order dated 2nd January, 1995 committed the accused to the Court of Session in order to face the trial. On 1st February, 1995, the Additional Sessions Judge, Faridkot, framed a formal charge Under Section 18 of the Act. It was read over and explained to the accused -Appellant, to which he pleaded not guilty and claimed the trial.

(3.) ON the closure of the prosecution evidence, the statement of the accused was recorded under Section 313, Code of Criminal Procedure and all incriminating circumstances appearing in the prosecution case, were put to him, who denied the same and stated as follows: