JAGRUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two Criminal Appeal Nos. 1078 and 935-SB of 1998.

(2.) Jagrup Singh and Kirru Appellants-accused (herein referred as 'the accused') were prosecuted for keeping in their possession 2 kgs. of opium in their possession, consequently, they were convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein referred as 'the Act').

(3.) The prosecution story, in nutshell, is that on 08.09.1997, Sub Inspector Tejinder Singh along-with other police officials was present at Lohgarh T point on Chandigarh-Ambala Road, near Dhillon Factory, in the area of Village Singhpura, in connection with a case under Section 18 of the Act against Baldev Singh and Rajinder Singh. They also joined Desa Singh son of Ganga Ram with them. DSP Harcharan Singh was also with them. In the meantime, accused Jagrup Singh, while driving a truck bearing registration No. HYJ-2567, came from the Ambala Side whereas accused Kirru was sitting by his side. On suspicion, Sub Inspector Tajinder Singh stopped the truck and after apprehending both the accused, gave an option that whether they wanted to get themselves searched in the presence of a Gazetted Officer or a Magistrate. In this regard, their statements Ex.PC were recorded. Thereafter, on search of the truck in the presence of DSP Harcharan Singh, opium wrapped in glazed paper from underneath the rear seat of the truck was recovered, which, on weighment, was found to be two kgs. After drawing the two samples of 10 grams each, the same were converted into parcels and the remaining bulk opium was put in a tin box and was converted into a separate parcel. All the parcels were sealed with the seals bearing impression 'TS' and 'HS'. The specimen of the seal was prepared on chit Ex. PD, which was attested by Sub Inspector Tejinder Singh, DSP Harcharan Singh and S.P. Kewal Kumar. Sub Inspector Tejinder Singh took all the three parcels into possession vide memo Ex. PE and also the truck bearing registration No. HYJ-2567 alongwith its registration certificate and national permit vide memo Ex. PF. Ruqa Ex. PG was sent to the police Station on the basis of which a formal FIR Ex. PG/1 was recorded. Sub Inspector Tejinder Singh, Investigating Officer prepared the site plan Ex. PH, personal search memo of the accused Ex. PJ, arrested the accused after disclosing them grounds of arrest vide memo Ex. PK. He also recorded the statements of witnesses. On return to the police station, he deposited the case property alongwith the seals intact with MHC Kuldip Singh on the same day i.e. 08.09.1997. On the receipt of the report of Chemical Examiner Ex. PL and on completion of investigation, challan was presented against both the accused.