RANJIT SINGH ALIAS JITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RANJIT Singh alias Jita son of Kartar Singh resident of village Balamgarh District Patiala has been convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as the Act) and has been sentenced to undergo RI for eleven years and to pay a fine of Rs. One Lac and in default of payment of fine to further undergo RI for six months.

(2.) IN brief the case of the prosecution is that on 2.2.2000, PW7 SI Hans Raj along with other police officials in a Government Jeep was busy in connection with general patrolling at T-point, Kularan in the area of Samana on the metaled road leading from Samana to Bhawanigarh. He received a secret information that the present appellant who was habitual in selling poppy husk has kept a large quantity of poppy husk with him and in case his house is raided the same can be recovered. The information being reliable, a ruqa Ex. PB was sent through Constable Puran Singh for the registration of the case and consequently formal FIR Ex. PB/1 was recorded. Thereafter PW7 SI Hans Raj along with other police officials started for raiding the place of recovery and when they reached near the Bus stand of village Kotli, Raghbir Singh son of Natha Singh resident of village Bhedpuri met the police party and he was also joined in the police party and thereafter they raided the house of the appellant in village Balamgarh. The appellant was found present there. From his personal search Rs. 72/- were recovered which were taken into possession. During interrogation, the appellant allegedly suffered a disclosure statement that he has kept concealed five bags of poppy husk in the courtyard of his residential house under the paddy husk about which he only knows and can get the same recovered. The said statement Ex. PC was reduced into writing and thereafter PW7 SI Hans Raj asked the appellant that the recovery of bags is to be effected and if he so desires, the same can be effected in the presence of Magistrate or Gazetted Officer. The appellant replied that the recovery be effected in the presence of Gazetted officer and in this respect a statement Ex. PD of the appellant was also recorded. Consequently, PW6 DSP Ashwani Kumar, Circle Samana was called who reached the spot and disclosed his identity to the appellant as DSP Samana and told that he was a Gazetted Officer and asked the appellant whether he wants to get the search conducted in his presence. The appellant consequently reposed confidence in him and consent memo of the appellant Ex. PE in this regard was also prepared signed by DSP Ashwani Kumar and other police officials including independent witness Raghbir Singh. Thereafter the appellant, as per his disclosure statement, got recovered five bags of poppy husk from the courtyard kept under the paddy husk. It was weighed and in each bag 30 kags of poppy husk was found. From all the five bags samples of 250 grams each were taken and were put in a parcel. The sample parcels were numbered 1A to 5A and the bags were numbered as 1 to 5. All the parcels were sealed with seal of PW7 SI Hans Raj bearing impression HR and the seal after use handed over to Raghbir Singh. DSP Ashwani Kumar also sealed the sample parcels and poppy husk with his seal bearing impression AK. Sample seal was separately kept. DSP Ashwani Kumar retained his seal. The case property was then taken into possession through recovery memo Ex. PF. The rough site plan of the place of recovery was prepared. The sample were thereafter sent to the Chemical Examiner. The report Ex. PJ, indicated that the sample was opium containing Mechonic acid and morphine of the required percentage. The appellant was, thus, challaned.

(3.) THE prosecution in support of its case has examined SI Virsa Singh as PW1. His statement is to the effect that on 3.2.2000, he took the case property including samples from MHC Jagga Ram along with the appellant for producing before the Ilaqa/Duty Magistrate, Samana. The case property was redeposited with MHC Jagga Ram after the appellant was produced before the court and remanded to police custody. He has proved the orders of Judicial Magistrate Ist Class, Ex. PA/1.