PRAHLAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 7.10.1997 passed by the Court of Addl. Sessions Judge, Amritsar, who convicted the Appellant Prahlad Under Section 18 of the -Narcotic Drugs and Psychotropic Substances Act (hereinafter called the Act) and sentenced him to undergo RI for a period of ten years and to pay a fine of Rs. 1 lac; in default of payment of fine, the Appellant was directed to further undergo Rl for six months.

(2.) THE brief facts of the case are that on 23.10.1996 a police party consisting of P.W. 1 Karnail Singh, H.C. and other police officials headed by P.W. 2 Kashmir Singh, A.S.I, was patrolling the area. When the police party reached near the cremation ground. Sultanwind Road, Amritsar, they saw the accused coming from the opposite side. On seeing the police party, the accused tried to conceal himself in the bushes. On the basis of suspicion he was apprehended. At that time the accused was carrying plastic cover in his right hand. P.W. 2 Kashmir Singh, A.S.I, told the accused that the latter was having some intoxicant and the former wanted to take the search of the latter and whether the accused wanted to give the search in the presence of a Gazetted Police Officer or a Magistrate. The accused replied to the Investigating Officer that he wanted to give the search in the presence of a Gazetted Officer. Consent memo Ex. PA was prepared which was signed by the accused and attested by A.S.I. Bakhshish Singh and H.C. Karnail Singh, who were the members of the police party. A wireless message was sent to Varinderpal Singh, D.S.P., who came at the spot. He disclosed his identity to the Appellant and thereafter, the personal search of the Appellant was conducted under the supervision of the D.S.P. Opium was recovered, which was weighed and came to 1 Kg. The Thanedar separated opium weighing 10 grams and made a sealed parcel thereof. The remaining opium Ex.P 1 was separately sealed. The sample parcel and the parcel of the remaining opium were sealed with the seal bearing inscription K.S.' belonging to A.S.I. Kashmir Singh and V.S.' belonging to Varinder Pal Singh, D.S.P. The case property was then taken into possession vide recovery memo Ex. PB. From the personal search of the Appellant a sum of Rs. 50 was also recovered and this currency was taken into possession vide memo Ex. PC. Resultantly, ruqa Ex. PD was sent to Police Station B -Division, Amritsar for registration of the case under Section 18 of the Act and formal F.I.R. Ex. PD/1 was recorded by S.I. Sardul Singh. The seizing officer prepared rough site plan Ex. PE of the place of occurrence and on return to police station he produced the case property with seals intact before Joga Singh, Inspector/ SHO, who sealed the same with his own seal bearing inscription J.S.'. He kept the case property in the double lockup in the police station. The sample of the opium was sent to the office of the Chemical Examiner, who vide report Ex. PF declared the contents as opium and on the completion of the investigation of the case, the Appellant was challenged Under Section 18 of the Act in the Court of Illaka Magistrate, who supplied the copies of the documents to the Appellant and vide commitment order dated 3.2.1997 Shri Jaspal Singh Bhatia, Judicial Magistrate 1st Class, Amritsar committed the Appellant to the Court of Session in order to face the trial.

(3.) IN order to prove the charge, the prosecution examined P.W. 1 H.C. Karnail Singh, P.W. 2 A.S.I. Kashmir Singh, Investigating Officer and D.S.P. Varinder Pal Singh P.W. 3 besides Inspector Joga Singh P.W. 4. P.W. 5 Constable Sakatar Singh gave his statement on affidavit Ex. P.W. 5/A as his statement was of formal nature. The prosecution also tendered in evidence the report of the Chemical Examiner Ex. PF and closed the case.