DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.3.2001 of the learned Special Judge, Bhatinda vide which the appellant was convicted under Sectin 18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo RI for ten years and to pay a fine of Rs.1 lac, in default of payment of fine, to further undergo RI for one year.

(2.) The case of the prosecution is that on 17.9.1998 at about 10.15 p.m., appellant Darshan Singh was apprehended with 3 kgs. of opium in his possession.

(3.) The F.I.R. was registered on the statement of SI Dinesh Kumar who stated that when the police party was on its patrol near Paras Ram Nagar Crossing and had set up a Naka on Gurukul Road which is a tri-junction of the canal, they noticed the appellant coming from the side of the canal bank with a bag in his right hand. On seeing the police, he tried to slip away, but was apprehended and informed that he had a right to be searched in the presence of a Gazetted Officer or a Magistrate, to which the appellant gave his consent to be searched in the presence of a senior police officer and accordingly, a consent memo Ex.PA was prepared and D.S.P. Kaka Singh reached the spot on being summoned by the police party. He informed the appellant about his right to be searched either before a senior police officer or a Magistrate, to which the appellant consented for his search before the D.S.P. Ex.PB was prepared and signed by the appellant and attested by the D.S.P. SI Dinesh Kumar on instructions from the D.S.P., conducted a search upon the appellant and found the bag to be containing the contraband. 10 grams out of this was separated and put into a match-box and sealed properly and the remaining contraband which weighed 2 kgs. and 990 grams was put into a plastic container along with a glaze-paper and separately sealed. Both the parcels were sealed with the seal "DK" and after its use, the seal was handed over to SI Rajinder Kumar. the case property was taken into possession vide memo Ex.PC.