HARNEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harnek Singh son of Sajjan Singh, r/o village Bundala, Tehsil and District Amritsar, (hereinafter referred to as 'the appellant') is in appeal before us against the judgment of his conviction dated 10.09.2007 passed by learned Special Judge, Tarn Taran for an offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order of sentence dated 11.09.2007, vide which he has been sentenced to undergo rigorous imprisonment for a period of 13 years and to pay a fine of Rs.1,50,000/-, with further rigorous imprisonment for one and a half years in default of payment of fine. The case of the prosecution against the appellant is as under:-

(2.) On 17.06.2002 Gurmeet Singh, Inspector, CIA Staff Tarn Taran alongwith other police officials was going from the canal bridge in the area of village Sangha towards village Fatehabad in connection with patrolling and crime checking in an official vehicle bearing registration No.PB-02-Q/9982. When the police party had gone about 500 yards ahead of the said bridge, they noticed a person coming from the side of village Fatehabad on a scooter. The said person panicked on seeing the police party and when he was about to turn his scooter back, Gurmeet Singh, Inspector gave him signal to stop. He stopped his scooter. He was apprehended by Gurmeet Singh, Inspector with the help of other police officials. He was found riding scooter bearing registration No.PB-29/5117 Bajaj Chetak make. He disclosed his identity as Harnek Singh s/o Sajjan Singh r/o village Bundala, P.S. Jandiala, presently residing at Nawan Gaon, P.S. Handoli, District Bundi (Rajasthan). In the meanwhile, Sukhwant Singh @ Gola, a resident of village Dode, came there by chance. He was associated with the police party.

(3.) Gurmeet Singh, Inspector then told the appellant about his suspicion that he was possessing some narcotic substance. The appellant was given option of getting his search conducted from him, before some Magistrate or Gazetted Officer of police. The appellant opted for his search before some Gazetted Officer of police. A memo was prepared in this regard, which was signed by the appellant and attested by the witnesses. Gurmeet Singh, Inspector had then sent of request to Harminder Singh, DSP(D) Tarn Taran by way of wireless to come to the spot. Harminder Singh, DSP(D) arrived at the spot after sometime. He introduced himself to the appellant. He also gave option to the appellant of his search before some Magistrate or some other Gazetted Officer. The appellant, however, had expressed confidence in Harminder Singh, DSP(D), Tarn Taran. A memo in this regard was again prepared, which was signed by the appellant and attested by the witnesses. The DSP(D) Tarn Taran then offered his search to the appellant and as the appellant expressed confidence in him, Gurmeet Singh, Inspector, conducted the search, in which he was found carrying a plastic box in his scooter. The plastic box was opened and it was found to be containing opium, wrapped in polythene paper. A sample weighing 10 grams was drawn from the recovered opium. It was put in another plastic box. The remainder opium weighed 9 kilograms 990 grams. The sample opium and the remainder in the box, in which it was found with the appellant, were given the shape of parcels and were sealed with seal 'GS'. Harminder Singh, DSP(D) also sealed the said parcels with his seal 'HS'. The sample seals were prepared. The sealed parcels and the sample seals were taken into possession by way of recovery memo. Gurmeet Singh, Inspector handed over his seal 'HS' to ASI Rashpal while the DSP(D) Tarn Tarn kept his seal with him. Scooter was also taken into possession by way of a recovery memo. A writing containing all these facts was sent to the police station through HC of Gurmail Singh for registration of a case, on which the FIR was registered. Rough site plan of the place of recovery was prepared. The appellant was then taken into custody. Gurmeet Singh, Inspector then produced the appellant, the witnesses and the case property before Krishan Kumar, SI/SHO, P.S. Sadar Tarn Taran, who had put his seal 'KK' on the already sealed parcels. The SHO then kept the sample and the remainder parcels in his safe custody. The sample of the material recovered was sent to Chemical Examiner on 01.08. by Krishan Kumar, SI/SHO through Constable Major Singh and on his reporting the same to be opium, challan against the appellant was prepared and presented.