JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-Appellant Joga Singh (herein referred as, the accused') was prosecuted for keeping in his possession 3 kgs of opium. Consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for 11 years and to pay fine of Rs. 1.00 lac under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein referred as, 'the Act'). On 13.4.2008, ASI Gurcharan Singh along with HC Sohan Singh and other police officials were present in an official vehicle bearing registration No. PH-11-Y-8108, on the bridge of Tangri river in the revenue area of village Ojhan in connection with patrolling and search of suspected persons. They also came across Mehal Singh son of Nishan Singh, an independent witness with whom they were conversing. In the meantime, at about 10/10.30 AM, the accused, while riding the motor cycle bearing registration No. PB-11-AH-5730, came via the river pavement from the side of village Ratta Khera. On seeing the police party, he tried to take a turn but his motor cycle slipped, as such, he was apprehended. The Investigating Officer while suspecting him of carrying some incriminating article, offered him to be searched in the presence of a Gazetted Officer or a Magistrate, but the accused reposed confidence in him. After recording consent memo Ex. PA in that regard, searched him, whereupon opium was recovered from a cloth bag placed in another black bag fitted with the motor cycle. The opium, on weighment, came to be 3 kgs, out of which two samples of 10 grams each were taken out. The sample parcels and the bulk opium were sealed with the seal of Investigating Officer bearing impression "GS". The specimen seal impression Ex. P1 was also prepared. The seal after use was handed over to Mehal Singh. The Investigating Officer took the case property into possession vide memo Ex. PB. On personal search, a sum of Rs. 250/- were recovered which were also taken into possession vide memo Ex. PD. The accused was arrested vide ground of arrest memo Ex. PE. The motor cycle bearing registration No. PB 11-AH-5730 along with its registration certificate was taken into possession vide memo Ex. PC, ruqa Ex. PG was sent to the police station, on the basis of which FIR Ex. PG/1 was, registered. The rough site plan Ex. PH was also prepared.

(2.) On return to the police station, the Investigating Officer produced the accused along with the case property before the SHO/Inspector Harbhajan Singh, who after verifying the investigation got deposited the case property in the malkhana' through the Investigating Officer with seals intact. As directed by the Inspector Harbhajan Singh, the Investigating Officer produced the accused along with the case property before the Illaqa Magistrate, who also got drawn a sample of 10 grams from the bulk parcel. The said sample was converted into a parcel and sealed with seal bearing impression "AK". Amarjit Singh photographer also took the photographs of the case property as well as the sample and thereafter the Illaqa Magistrate directed the Investigating Officer to deposit the case property in the judicial malkhana. The report of the Chemical Examiner Ex. PK was followed by the submission of the report under Section 173 Cr.P.C.

(3.) The accused was charged under Section 18 of the Act, to which he pleaded not guilty and claimed trial.