GURMAIL SINGH ALIAS NIKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against judgment dated 04.04.2001, passed by the Judge Special Court, Kapurthala, whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act'), as extracted herein-below:- <FRM>JUDGEMENT_433_LAWS(P&H)12_2013_1.html</FRM>

(2.) The facts relevant for disposal of the present appeal are that on 04.06.1999, Amrik Singh, Station House Officer (PW2) along with ASI Iqbal Singh (PW5) and other police officials was on patrol duty. He was present near Manan Morh (turn) in the area of village Khanowal where Mohinder Singh, Ex.Panch was joined in the police party. The accused was noticed coming on a scooter from the side of village Manan. On suspicion, he was apprehended. He was carrying two gunny bags on the pillion of his scooter, bearing registration No. PB-41-4720. The SHO told the accused that as he was suspecting him to have some contraband, he wanted to conduct search. The accused was apprised of his legal right to be searched before a Gazetted Officer or a Magistrate. The accused opted to be searched before a Gazetted Officer and consent memo was prepared.

(3.) DSP-Paramvir Singh Parmar was informed and he reached the spot. The DSP disclosed his identity to the accused and gave him option to be searched before a Magistrate or a Gazetted Officer but the accused opted for his search before him. A separate consent memo was prepared. On search of gunny bags tied on the pillion of the scooter, poppy heads were found. 250 grams of poppy heads were separated as sample from each gunny bag. The remaining poppy heads weighed 35 kgs 750 grams in each bag. The samples and bulk poppy heads were sealed separately with seals bearing impression 'AS' of the SHO and 'PS' of the DSP. The SHO handed over his seal to ASI Iqbal Singh, whereas DSP retained his seal with him. The case property and Scooter were taken in police possession vide recovery memo attested by the witnesses. Ruqa, Ex.PF., was sent to the Police Station on the basis whereof, formal FIR, Ex. PG., was registered. The samples were sent to the Chemical Examiner. On receipt of report of the Chemical Examiner and completion of investigation, the challan was presented for commencement of trial.