MANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal is against the judgment dated 22.5.2001 passed by the Judge, Special Court, Ludhiana whereby the appellant Mander Singh has been convicted under Section 15 of the NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of ' one lacs.

(2.) The prosecution case as per paragraph 2 of the judgment is that on 18.10.1999 a police party headed by PW1 Inspector Paramjit Singh the Investigating Officer and consisting inter alia of PW5 ASI Jaswinder Singh was present at the Sherpur Chowk in the area of Police Station Focal Point, Ludhiana along with a private gypsy driven by constable Amarjit Singh, in connection with checking of suspects and vehicles. At that place at about 4:30 PM Scooter bearing registration No. PB-10A-6548 driven by the accused came from the side of Giaspura Chowk. A gunny bag was secured on the pillion of the Scooter with the help of a bicycle tube. The Investigating Officer stopped the scooter on suspicion. The Investigating Officer told the accused that he suspected that the gunny bag loaded on his Scooter was suspected to contain some incriminating material. It was, therefore, to be searched. The Investigating Officer gave the accused an offer of search before a Police Gazetted Officer or a Magistrate. The accused replied that some Police Gazetted Officer be called. Upon this on the request of the Investigating Officer PW Sh. Gurjit Singh, DSP, Industrial Area, Ludhiana came to the spot at about 5:30 PM. On arrival, the DSP disclosed his identity as such to the accused and told him that he wanted to search him. The accused reposed trust in the DSP. His statement Ex.PA was recorded which was signed by the accused and attested by the Investigating Officer ASI Jaswinder Singh, Constable Harpal Singh and DSP. Then, on the directions of the DSP, the Investigating Officer searched the gunny bag Ex.P1 loaded on the Scooter. It was found to contain poppy husk. Two samples of 250 Gms. out of the same were separated. The remaining contents were weighed and found to be 24-1/2 Kgs. These were returned to the same gunny bag. Parcels of the samples and the bulk were prepared which were sealed at the spot by the Investigating Officer with his seal bearing letters PS and with the seal of the DSP bearing letters GS and along with the chits containing specimen impressions of the seals including chit Ex.P2 were taken into possession vide memo Ex.PB along with the Scooter and the bicycle tube. The memo was attested by the DSP and the aforesaid witnesses. The Investigating Officer handed over his seal after use to ASI Jaswinder Singh. The Investigating Officer then sent ruqa Ex.PC to the Police Station through constable Gurdip Singh and on its basis formal FIR Ex.PC/1 was recorded by ASI Darshan Singh. The Investigating Officer also prepared the rough site plan of the place of recovery Ex.PD. A sum of Rs.155/- recovered from the personal search of the accused was taken into possession vide memo Ex.PE. The memo was signed by the accused and attested by the Investigating Officer and the witnesses. On reaching the Police Station the Investigating Officer deposited the case property with AMHC Kuldip Singh (PW4) on the same day with the seals intact. Registration Certificate of the Scooter and the driving licence of the accused were taken into possession vide memo Ex.PG which was attested by the Investigating Officer and the witnesses. On 19.10.99, PW6 ASI Malkiat Singh obtained the parcels and the chits from AMHC Kuldip Singh and produced them before the Magistrate vide application Ex.PGG on which the Magistrate passed order Ex.PG/1.

(3.) Thereafter, PW6 redeposited the parcels and the chits with the said AMHC on the same day with the seals intact. One of the two sample parcels was got tested from the Assistant Chemical Examiner to Govt. Punjab, Patiala and vide his report Ex.PH was opined to be of chura poppy husk. The challan was presented and charges were framed under Section 15 of the NDPS Act. The prosecution examined six witnesses. PW1 Inspector Paramjit Singh, Investigating Officer, supported the prosecution case and proved documents Ex.PA to Ex.PE and also proved the bulk parcel Ex.P1, one chit containing specimen impression of the seals Ex.P2 and second sample parcel Ex.P3. PW5 ASI Jaswinder Singh, official witness of the recovery, lent corroboration to the testimony of the Investigating Officer and proved memo Ex.PG vide which the registration certificate and driving licence of the accused were taken into possession. PW2 Gurjit Singh DSP corroborated the testimony of the Investigating Officer and proved the Scooter Ex.P4 and cycle tube Ex.P5. PW6 ASI Malkiat Singh took the case property from AMHC Kuldip Singh and produced the same before the Magistrate vide application Ex.PGG on which the Magistrate passed order Ex.PG/1. After producing the case property he deposited the samples and the chits on the same day with the said AMHC with seals intact. PW3 Constable Partap Singh and PW4 AMHC Kuldip Singh also supported the prosecution version. After recording the statements of the accused under Section 313 Cr.P.C. the trial Court convicted the appellant under Section 15 of the NDPS Act and sentenced him to undergo RI for a period of 10 years along with fine of Rs.one lacs for recovery of 25 kg. of poppy husk from his possession.