DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the impugned judgment of conviction and order of sentence dated 5.4.1999 of Special Judge, Darshan Singh-appellant-convict (hereinafter to be referred as "the appellant") has directed the present appeal, vide which he was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years, to pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo the sentence of one year for commission of offence punishable under section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act"). The matrix of the facts, culminating in the commencement of, relevant for disposal of present appeal and emanating from the record, as unfolded during the trial, is that on 12.9.1994, a police party headed by PW 3 SI Satwant Singh and consisted of Head Constables Pal Singh and Gurjant Singh, was present on patrol duty. They arranged a 'Nakabandi' at the bridge of village Mari, where PW Bikkar Singh of village Poohla met them. In the meantime, the appellant was seen coming from the side of village Mari on his Priya Make Scooter, bearing registration No. PNC-6800. After noticing the signal of the police party, the appellant stopped his scooter. The police ascertained his whereabouts. He was told that he was suspected to have some contraband articles and he is at liberty to get himself searched in the presence of a Gazetted Officer or a Magistrate. Memo (Ex. PD) was stated to have prepared in this respect, which was attested by Head Constables Pal Singh, Gurjant Singh and PW Bikkar Singh. In the wake of wireless message of PW 3, PW 1 DSP Mangal Singh was stated to have reached the place of recovery. The search of the appellant was conducted and he was found carrying tying cincture around his waist containing opium wrapped in a glazed paper. A sample of 10 grams of opium was separated and residue, on weighing, was found to be 990 grams. The sample and remaining opium were sealed in separate parcels with the seal bearing impression 'SS' The seal after use was handed over to HC Pal Singh. The entire case property was taken into possession vide recovery memo (Ex. PA), which was attested by the witnesses. The scooter of the appellant was also taken into possession vide recovery memo (Ex. PE). Memo Ex. PF with regard to personal search of the appellant was also prepared.

(2.) The case of the prosecution further proceeds that PW 3 SI Satwant Singh sent ruqqa (Ex. PG) to Police Station through PW 2 Constable Jaswinder Singh, on the basis of which, the formal FIR (Ex. PG/1) was registered by ASI Baldev Singh. The grounds of arrest were stated to have been disclosed to the accused and memo (Ex. PH) was prepared in this respect. PW 3 prepared the rough site plan (Ex. PJ) of the place of recovery. The Investigating Officer recorded the statements of the witnesses under section 161 Cr.PC and completed the other formalities at the spot. The sample was sent to the Chemical Examiner. The Chemical Examiner declared the contents of the opium vide his report (Ex. PL).

(3.) Levelling a variety of allegations, in all, according to the prosecution that on 12.9.1994, in the wake of search, 1 kg. of opium was recovered from the possession of the appellant without any permit or licence. On the basis of aforesaid allegations, the present case was registered against the appellant vide FIR No. 54 dated 12.9.1994, on accusation of having committed the offence punishable under section 18 of the Act by the police of Police Station Nathana, District Bathinda, in the manner indicated here-in-above.