HARPAL SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harpal Singh @ Kala, preferred this appeal to challenge the judgment of conviction and order of sentence dated 5.3.2008, rendered by the Judge, Special Court, Ludhiana, in Sessions Case No. 149 dated 30.9.2003, arising out of FIR No. 42 of 23.4.2003, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'the Act') at Police Station, Rajkot.

(2.) By the said judgment, Appellant was convicted under Section 15 of the Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(3.) Prosecution story, in brief, is that on 23.4.2003, police party headed by ASI Joga Singh, in connection with patrol duty was going towards village Basrawan. When the police party was at a distance of 20 yards ahead of Aggarwal Industry, Tajpur Road, towards the side of village Bhaini Barigan then sighted one scooterist while coming from the side of village Bhaini Barigan, carrying two gunny bags on the scooter. On seeing the police party scooterist became nervous and tried to fled away from the spot but was apprehended by police party. In the meantime, Kashmir Singh @ Kaka S/o Karam Singh came at the spot and was joined by the police party. On enquiry scooterist disclosed his name as Harpal Singh @ Kala S/o Gurnam Singh. Investigating Officer, suspected some intoxicant in the gunny bags carried by the accused on scooter bearing registration No. PAL-7629. Offer was given to the accused as to whether he wanted to be searched before any Gazetted Officer or any Magistrate. Reply of the accused was that he wanted to be searched before some Gazetted Officer. Consent memo Ex. PE was prepared which was singed by the accused attested by the witnesses. Through wireless, message was sent to DSP Rajkot, to reach at the spot. DSP Harjit Singh Brar came at the spot and had disclosed his identity to the accused as Gazetted Officer. Again offer was given to the accused as to whether he wanted to be searched before any other Gazetted Officer or any Magistrate, but accused had reposed faith in the Gazetted Officer. Consent memo Ex. PA was prepared which was signed by the accused in the presence of Gazetted Officer and attested by the witnesses. On the direction of DSP Harjit Singh Brar, ASI Joga Singh searched the gunny bags and the same were found containing poppy husk. Two samples, each weighing 250 grams, were separated from each bag and the remaining poppy husk on weighment was found to be 34 Kgs 500 grams in each bag. Four samples and the remaining poppy husk in the two gunny bags were separately sealed by the Investigating Officer with the seal of DSP Harjit Singh Brar, bearing impression 'HS'. Seal impressions were also prepared separately. Seal after its use was handed over to DSP Harjit Singh Brar. On search of the scooter registration certificate was recovered from the diggy. As per registration certificate scooter was registered in the name of Daljit Singh. Sealed parcels were taken into police possession vide memo attested by the witnesses. Scooter along with registration certificate was also taken into police possession vide memo attested by the witnesses. Ruqa Ex. PF was sent to the police station on the basis of which formal FIR was Ex.PF/1 was recorded. Rough site plan Ex. PG with correct marginal notes was prepared. Statements of the witnesses were recorded.