KIRPAL SINGH ALIAS PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant is aggrieved of the judgment and order dated 8.10.1998 passed by Additional Sessions Judge, Ropar whereby he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo further rigorous imprisonment for two years.

(2.) The case of the prosecution was that on 12.7.1996 SI Sohan Lal, alongwith ASI Manak Singh, ASI Dharam Pal and other police officials, was going in a government vehicle in connection with patrolling from Kurali to Neolka. At about 5.30 p.m., when they reached near kutia of a Swami, the appellant was seen coming on a bicycle from the opposite side. He was carrying a gunny bag on the carrier of the bicycle. On seeing the police party, he tried to turn back. This aroused suspicion in the mind of SI Sohan Lal, who apprehended him. His whereabouts were asked. Thereafter, he was told that he was required to be searched and whether he be searched before the Magistrate or a Gazetted Officer. He replied that he did not want the search to be effected by the Magistrate or a Gazetted Officer. Instead, he reposed confidence in SI Sohan Lal, who then conducted the search of the bag and recovered 35 kgs. of poppy husk from the same. Two samples of 250 grams each were separated and the remaining poppy husk was transferred in the same gunny bag. Samples and the case property were sealed with the seal bearing inscription 'SL'. Sample impression of seal was prepared. As the appellant did not produce any licence or permit for keeping the contraband, he was found to have committed an offence under Section 15 of the Act. Accordingly, ruqa was prepared by SI Sohan Lal, which was sent through Constable Dharam Pal to the Police Station for registration of the case. Formal FIR No.62 dated 12.7.1996 was, accordingly, registered at 7.00 p.m. at Police Station Kurali.

(3.) During investigation of the case, the police prepared rough site plan of the place of occurrence. From the personal search of the appellant, Rs.60/- were recovered. The case property was deposited with MHC Jarnail Singh with seals intact. On 13.7.1996, the appellant was produced before the Ilaqa Magistrate alongwith the case property. Upon completion of investigation and presentation of challan followed by its commitment, the appellant was charged for an offence under Section 15 of the Act, to which he pleaded not guilty and claimed trial.