DARSHAN SINGH SON OF KUNDAN SINGH SON OF ARJAN SINGH AND NIRMAL SINGH SON OF DARSHAN SINGH SON OF KUNDAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh on of Kundan Singh and his son Nirmal Singh son of Darshan Singh are the appellants in this appeal who have been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') by the learned Additional Sessions Judge (Special Court) Mukhtsar vide impugned judgment dated 20.11.2002 and have been sentenced to undergo RI for 15 years each and to pay a fine of Rs. 1,50,000/- each and in default of payment of fine to further undergo RI for nine months each.

(2.) The brief diary of the prosecution case is that on 19.10.97, a police party headed by SI Nek Singh PW2 was present in the area near bus stand of village Ruharianwali in connection with patrol duty where they also met another party headed by SI Nirbhjit Singh PW3. Darshan Singh, a chowkidar of village Ruharianwali was also joined. A joint naka was held at the drain bridge in the area of village Bhagsar when at about 12.30 p.m., a tractor Ford make bearing No. PB-04D-7969 was seen coming from the side of village Bhagsar being driven by Nirmal Singh appellant and Darshan Singh appellant was sitting on its mudguard holding an iron box on his legs. The said tractor was signalled to stop. Both the appellants were thereafter told by the police officials that they wanted to conduct their personal search as they were suspecting that the appellants were carrying some contraband article. An option was given to both the appellants as to whether they wanted their search to be conducted before a gazetted officer or a Magistrate. Both the appellants desired that their personal search be conducted in the presence of a gazetted officer. The consent memo Ex. PB was also prepared in this regard. A wireless message was consequently sent to Superintendent of Police Dharam Singh PW6 who reached the spot and disclosed his identity to both the appellants. Thereafter personal search of the appellants was conducted in the presence of Superintendent of Police and consequently 35 kgs. of opium kept in the iron box was recovered. A sample of 50 grams was separated. Sample and the remaining opium were sealed with the seal of SI Nirbhjit Singh PW3 bearing impression 'NS' and the seal of Superintendent of Police, Dharam Singh PW6 bearing impression 'DS' over the sample seal Ex. P1 as well as iron box containing bulk opium. The sample, sample seal and the iron box containing the opium alongwith the tractor were taken into possession vide recovery memo Ex. PC. A rough site plan was also prepared of the place of recovery which is exhibited as Ex. PH. The personal search memos Ex. PD and PE of both the accused were also prepared at the spot. Consequently, ruqa Ex. PG was sent to the concerned police station on the basis of which formal FIR Ex. PG/1 was recorded against the appellants under Section 18 of the Act. Both the appellants were formally arrested. The grounds of their arrest were also prepared at the spot which is Ex. PF.

(3.) After reaching police station, Investigator SI Nirbhjit Singh PW3 retained the case property with him and produced the same on the next day before the Ilaqa Magistrate with a request application Ex. PJ for getting orders regarding the custody of the same. The learned Sub Divisional Judicial Magistrate vide Ex. PJ/1 directed that the case property be deposited in the Malkhana Faridkot under the control and supervision of learned Chief Judicial Magistrate. Consequently, on 24.10.1997 the case property was again produced before the learned Chief Judicial Magistrate, Faridkot alongwith request Ex. PJ over which the learned Chief Judicial Magistrate, Faridkot passed his orders for depositing the case property with the Moharar Head Constable of the police station. The said order is Ex. PJ/2. The case property accordingly was deposited with Moharar Head Constable Baljit Singh who has been examined as PW1. The seal remained intact throughout. A detailed report was also sent to the Ilaqa Deputy Superintendent of Police vide Ex. PK. The sample was sent to the Chemical Examiner for its analysis and the Chemical Examiner vide his report Ex. PL opined the contents of the sample as of opium. Consequently, the challan was presented in the court for the trial of both the appellants. Learned Additional Sessions Judge (Special Court) framed a charge against both the appellants under Section 18 of the Act.