SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the impugned judgment of conviction and order of sentence dated 4.6.1999 of Judge, Special Court, Sukhdev Singh- appellant-convict (hereinafter to be referred as "the appellant") has instituted the instant 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 rigorous imprisonment for a period of two years for commission of offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act").

(2.) The conspectus of the facts, culminating in the commencement, relevant for disposal of present appeal and emanating from the record, as unfolded during the trial, is that on 17.3.1997, a Police party headed by PW4 ASI Ujjagar Singh was going from village Jagatgarh Bander towards village Kushla, in connection with patrol duty. PW Ajaib Singh son of Gurbax Singh met the Police party. As soon as, the Police party was at it distance of one furlong from the bridge, within the area of village, Kushla, in the meantime, the appellant- accsued was seen coming from the opposite side, carrying a bag on his head. On seeing the police party, he tried to escape, but he was apprehended on the basis of suspicion. Suspecting some incriminating material in his possession the appellant was asked whether he wanted to be searched before a Magistrate or a Gazetted Officer. He desired that he be searched before a Gazetted Officer. The consent memo (Ex. PG) was prepared in this respect.

(3.) The case of the prosecution further proceeds that thereafter, DSP Sardulgarh was summoned through a wireless message. He reached the spot. Then, the search of the bag of the accused was conducted by P.W. 4 in the presence and on the direction of P.W. 2 D.S.P. Balwinder Singh. In the wake of search, one bag containing poppy husk was recovered. 100 grams was taken out as sample and the remaining residue of poppy husk, on weighing, came out to be 9Kg. 900 grams. The sample and the bag containing poppy husk, were separately sealed in parcels with the seal 'US' and were taken into possession by the Police, vide recovery memo (Ex. P.B.). The seal after use was handed over to P.W. Ajaib Singh. The accused was formally arrested, vide memo (Ex. PD) and reasons for his arrest were told to him. The site plan (Ex. PH) was drawn and then ruqqa (Ex. PF) was sent to the Police Station, on the basis of which, the formal FIR (Ex. PF/1) was registered. On reaching the Police Station, the sample, the case property and the accused were handed over to SI/SHO of the Police Station on the same day. The accused was produced before the Illaqa Magistrate on the next day. The sample was sent to Chemical Examiner for its test, who submitted his report (Ex. PL) mentioning therein that the contents of sample were chur a poppy heads.