RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHILE on patrol duty in the area of village Dabri Khanna, on personal search of Ram Singh accused, S.I. Gurmej Singh PW3 recovered from the fold of the Chadra worn by the accused one kilogram of opium wrapped in a glazed paper. Constable Natha Singh PW I and Pritam Singh PW 2 attested the recovery.

(2.) ON being charged with the commission of the offence under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 accused Ram Singh pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned Judgment dated 19th March, 1987, learned trial court convicted accused-appellant Ram Singh under section 18 of the Act and awarded him rigorous imprisonment for a period of 10 years and fined him rupees one lac. In default of payment of fine convicted accused Ram Singh was ordered to undergo rigorous imprisonment for a further period of four years. Feeling aggrieved from the order of conviction and sentence, aforesaid accused Ram Singh has filed Criminal Appeal No. 486-SB of 1987 in this Court.

(3.) ADVERTING to the provisions of section 50 of the Narocatic Drugs and Psychotropic Substances Act, 1985, learned-counsel for the appellant contended that in this particular case accused-appellant Ram Singh was not made aware of the statutory safeguard envisaged therein and asked if he would like himself to be searched by a gazetted office. This lapse on the part of the investigating agency, according to the learned counsel, vitiates both search and recovery and the accused is entitled to get himself acquitted on this ground alone.