RAM SINGH ALIAS RAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The criminal appeal has been filed by the appellant Ram Singh alias Rama against the judgment and order dated 29.3.2006 passed by the learned Judge, Special Court, Mansa whereby the appellant has been convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("Act"- for short). By a separate order passed by the said learned Judge, Special Court, the appellant has been sentenced to undergo rigorous imprisonment for 15 years; besides, pay a fine of Rs. 1,00,000/- and in defualt of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) The FIR (Ex.PH) in the case has been registered on the basis of memo (Ex.PG) sent by ASI Bharpur Singh (PW3) to the SHO, Police Station Jhunir. According to ASI Bharpur Singh (PW3) on 1.2.2001, he along with HC Harnek Singh, C-II Kulwant Singh, PHG Ajaib Singh were in a government Gypsy vehicle No.PB 03 -3047, which was being driven by Constable Joginder Singh. They were patrolling and coming back from village Jhunir, Ghurkani, Chainewala, Mode, Fatehpur etc. along the bank on the north side of the canal. When the police party was about one kilometer from the metalled (pucca) road from Jhunir to Boha, then one person was seen sitting under a tree on three bags near the bank of the canal in the pits. The said person, on seeing the Gypsy of the Police party, got up from the bags and tried to slip away. On the suspicion he raised, ASI Bharpur Singh (PW3) stopped the vehicle and with help of the police officials apprehended him. In the meantime along the bank of the canal Chanan Singh son of Sardara Singh resident of Burj Bhalai came there and he was joined in the police party. On asking the name and address of the person apprehended, he disclosed his name as Ram Singh alias Rama (appellant). Then ASI Bharpur Singh (PW3) in the presence of the witnesses informed the appellant that he suspected that some narcotic substance was being carried in the gunny bags that were in his possession and that the bags were to be searched. However, the appellant had a right to get the search of the bags conducted in the presence of any Magistrate or any Gazetted Officer either at the spot or he could be taken before any of them. The appellant opted for the search of the bags in his possession to be conducted before a Gazetted Officer.

(3.) In this regard, a memo of consent and knowledge was prepared by ASI Bharpur Singh (PW3), which was acknowledged by the appellant and witnessed by the witnesses. Through wireless set installed in the Gypsy vehicle, ASI Bharpur Singh (PW3) asked at Police Station Jhunir for sending any Gazetted Officer at the spot.