VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 13.7.2001 at 7.10 a.m., the appellant Vijay Kumar and one Karnail Singh, were found in possession of 25 kgs. of opium without any licence. Karnail Singh was declared a proclaimed offender on 15.5.2004. The trial continue to proceed against Vijay Kumar the appellant, who vide judgment and order dated 10.12.2007 was convicted for commission of an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.one lac with a default clause. Hence this appeal.

(2.) The process of law was set in motion on the basis of an intimation (Ex.PA) sent by SI Gurbaj Singh (PW7), the investigating officer, to the police station which led to the registration of an FIR (Ex.PA/2) No.514 on 13.7.2001 against above named accused. The following facts regarding case of the prosecution were noted by the trial Judge:- that on 13.7.2001, SI Gurbaj Singh of CIA Samana along with the police party, was on patrol duty in search of bad elements. They were present at Bhawanigarh Chowk, Samana, where SI Gurbaj Singh received secret information that accused Vijay Kumar and Karnail Singh (now proclaimed offender) are in the habit of selling opium and today they had come in Tata Summo vehicle No.HR-07C-5956; if nakabandi is held in the area of village Geora, then they can be apprehended. On this information, SI sent ruqa Ex.PA, on the basis of which formal FIR Ex.PA/2 was registered. After joining PW Mashhoor Singh in the party, nakabandi was held at bus stand, Geora. At about 8.30 a.m. Tata Summo vehicle bearing No.HR-07C-5956 came from the side of Nawangaon, which was driven by accused Vijay Kumar and Karnail Singh accused was found sitting along with him. Accused were apprehended. SI Gurbaj Singh inquired about their names and addresses from the accused. The Sub Inspector told the accused that he suspects some contraband in their possession and wants to search the vehicle. The Sub Inspector also apprised both the accused about their right of search before the gazetted officer or magistrate and both the accused opted for search in presence of a gazetted officer. Separate dissent memos Ex.PF and Pf/1 of accused Karnail Singh and Vijay Kumar, respectively, were prepared, which were signed by the accused. As request was already made to Sh.Shamsher Singh, DSP(D), Patiala by SI Gurbaj Singh, he reached the spot and disclosed his identity as DSP(D), Patiala and gazetted officer to both the accused. The DSP also told the accused that the search can be conducted in presence of any other gazetted officer or magistrate, but the accused reposed faith in the DSP and offered search, vide consent memos Ex.PG and PG/1. Thereafter, on direction of the DSP, SI Gurbaj Singh conducted search of the vehicle. One bag lying on the thighs of Karnail Singh accused was recovered, which was found to contain opium wrapped in a polythene envelope.

(3.) Two samples of 10 grams each were taken out of the bulk and put into two small boxes. The remaining quantity of opium came to 24 kgs and 480 grams, which was taken in possession against a recovery memo. The samples and the bulk was sealed with the seals of the investigating officer and DSP Shamsher Singh (PW9). Sample of seal was separately prepared. On personal search of the appellant-accused, 500 grams of opium was recovered. Two samples of 10 grams each were separated, sealed and taken in possession. The remaining opium weighing 480 grams was also sealed and taken in possession. SI Gurbaj Singh (PW7) handed over his seal to an independent witness, namely, Mashhoor Singh. Driving licence, registration certificate of the vehicle and the vehicle were taken in possession against recovery memos. Grounds of arrest were supplied to both the accused. Statements of the witnesses were also recorded. The case property and the accused were produced before SI SHO Budh Ram, who verified the above fact of recovery and put his seal on the same.