LAWS(P&H)-2012-1-396

AMAR SINGH Vs. STATE OF PUNJAB

Decided On January 25, 2012
AMAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) On being convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as an 'Act'), the appellant has filed this appeal to impugn his conviction as well as the sentence of rigorous imprisonment for ten years imposed on him coupled with fine of Rs. 1,00,000/-. As per the allegation, 5 kgs of opium was allegedly recovered from the appellant on 13.02.1992. This recovery was effected by SI/SHO Mal Singh of Police Station Sadar Fazilka. As per the prosecution story, SI Mal Singh was on patrolling duty. While proceeding from village Muhuana Bodla towards village Jhotian Wali, he came across the appellant, who was going towards village Jhotian Wali. On seeing the police party, the appellant made an attempt to slip away. On the basis of suspicion he was apprehended. SI Mal Singh apprised the appellant that he had a suspicion that he was carrying some intoxicant and, therefore, was required to be searched. SI Mal Singh gave an offer to the appellant if he wanted to be searched in the presence of Gazetted Officer or the Magistrate. The appellant reposed confidence on the police officer concerned. SI Mal Singh consequently prepared a consent memo on which the appellant endorsed his signatures.

(2.) This memo was attested by ASI Darshan Singh and Constable Harbhajan Singh. Thereafter, the appellant was searched in accordance with the rules. The opium wrapped in a glazed paper was recovered from the bag, which the appellant was carrying. 20 gms of opium was separated as a sample. On weighing, the remaining opium was found to be 4 kgs and 980 grams. The weighed opium was put in a separate plastic container. The sample as well as the plastic container were sealed by the officer with his seal having impression 'MS'. Separate seal impression was prepared and the seal after use has been handed over to ASI Darshan Singh. The entire case property was taken in possession by preparing separate recovery memo. This memo was again attested by ASI Darshan Singh and Constable Harbhajan Singh. Ruqa was prepared and on the basis thereof the FIR was registered by MHC Ranjit Singh. A sum of Rs. 50/- in the form of currency note was recovered on the personal search of the appellant. This was also taken in possession vide separate memo. The grounds of arrest were endorsed to the appellant and on completion of formalities, the appellant and the case property was taken in custody. Following day, the appellant as well as the case property was produced before the Ilaqa Magistrate.

(3.) The case property thereafter was deposited with MHC with the seals intact as per the orders of the Court. The sample of the opium, which was taken, was sent for Chemical Examiner for analysis. Upon receipt of the report and on completion of investigation, challan was presented against the appellant under Section 18 of the Act.