AJAIB SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal lays challenge to judgment dated 15.05.2001, passed by the Judge Special Court, Ludhiana, whereby Ajaib Singh, appellant has been convicted for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and was accordingly sentenced as detailed herein below:- <FRM>JUDGEMENT_563_LAWS(P&H)10_2013_1.html</FRM>

(2.) The facts relevant for the disposal of the present appeal are that on 05.04.1999, a police party headed by SI Jagir Singh (PW6) was going for patrolling from main Ludhiana-Ferozepur Road in the area of Jagraon town towards village Gagra, on the embankment of the Sem Nala (seepage drain). When the police party reached near the syphon of seepage drain at about 4.30 a.m., the accused was noticed coming from the opposite direction from the side of village Gagra on Scooter No. PB 05E 1728. A gunny bag containing some material was kept on the pillion of the scooter. The accused was apprehended on suspicion and on search of gunny bag, poppy husk was recovered in the presence of Ashok Puri, Deputy Superintendent of Police (in short 'the DSP'), who came to the spot as the accused wanted search to be taken in the presence of a Gazetted Officer. Two samples of 250 grams each were separated. The remaining contents were found to be 29 1/2 kgs. The samples and bulk poppy husk were sealed with seals bearing impressions 'JS' of the Investigating Officer and 'AP' of the DSP. The sample seal was separately prepared. The samples, bulk and specimen impressions of the seals were taken into possession. Ruqa Ex.PH was sent to the police station, on the basis of which formal FIR Ex. PH/1 was registered by SI/SHO Kashmira Singh. Rough site plan of the place of recovery Ex. PJ was prepared. Currency notes of Rs.75 and a wrist watch were recovered from personal search of the accused which were taken into possession vide recovery memo Ex.PE. On reaching the police station, the Investigating Officer produced the accused and the case property before SI/SHO Kashmira Singh (PW4). The SHO verified the facts, interrogated the accused and put his seal bearing letters 'KS' on the parcels and the chits and thereafter the case property was deposited with MHC Devinder Singh (PW1). On the same day, the Investigating Officer took the case property from the MHC and produced it before the Sub Divisional Judicial Magistrate, Jagraon, vide application Ex.PK, on which the Magistrate passed order Ex.PK/1. On return to the police station, the Investigating Officer re-deposited the parcels and chits with MHC with seal intact. One of the two sample parcels was got analyzed from the Forensic Science Laboratory, Punjab Chandigarh and vide report Ex.PL, it was opined to be poppy husk.

(3.) On completion of investigation, challan was presented in the Court for commencement of trial. After compliance with mandatory requirements of Section 207 of the Code of Criminal Procedure (in short, 'the Code') and finding a prima facie case against the accused, the accused was accordingly charge sheeted for offence punishable under Section 15 of the Act, to which he pleaded not guilty and claimed trial.