STATE OF PUNJAB Vs. MOHLA RAM

JUDGEMENT

(1.) Case of the prosecution is that on 31.03.1997, at about 02:30 p.m, Paramjit Singh ASI (PW2) alongwith other police officials was proceeding from the side of road crossing Sangat towards village Pathrala in connection with patrolling in a private vehicle. When the police party reached near the petrol pump of village Gurthari, Ashok Kumar son of Ram Krishan met the police party and he was associated, therein. Later, when the police party reached at the culvert of canal minor in the area of village Rulduwala, Mohla Ram respondent was seen coming from the opposite direction carrying a satchel in his right hand. He was apprehended on suspicion. Paramjit Singh, ASI told him that he suspected some contraband in satchel being carried by him and his search is to be conducted and if he intended to get his search conducted in the presence of a gazetted officer of police or a Magistrate, that can be arranged. Respondent expressed his desire to be searched in the presence of a gazetted officer. Thereupon, Paramjit Singh, ASI requested Jaspreet Singh Sidhu, DSP to reach at the spot for conducting the search of the respondent.

(2.) On his arrival, Jaspreet Singh Sidhu, DSP introduced himself to respondent and he was searched in his presence by Paramjit Singh, ASI. On search, respondent was found carrying one satchel (Ex.P1) containing opium in his right hand without any permit or licence. A sample of 20 gms of opium was drawn from the bulk opium and the remaining bulk opium wrapped in a glazed paper was weighed, that was found to be 1 kg 980 gms. Sample, as also, remaining opium recovered from the satchel (Ex.P1) being carried by the respondent were made into two separate parcels. Both the parcels were sealed by Pramjit Singh, ASI with his seal bearing impression 'PS', as also, with the seal of Jaspreet Singh Sidhu, DSP bearing impression 'JS'. DSP retained his seal with himself, while Paramjit Singh, ASI handed over his seal to Jasbir Singh, Constable. Both the parcels were seized vide recovery memo Ex.PC, which was signed by Ashok Kumar, Jasbir Singh Constable and Jaspreet Singh Sidhu, DSP. From further personal search of the respondent, Rs. 50/- were recovered, that were seized vide memo Ex.PD. Respondent was arrested after disclosing him grounds of arrest vide memo Ex.PE. Later, ruqqa Ex.PF was prepared which was sent to police station Sangat through Paramjit Singh, ASI, where formal FIR Ex.PF/1 was recorded by Jarnail Singh, ASI, against the respondent for commission of offence punishable under Section 18 of the Narcotric Drugs and Psychotropic Substances, Act, 1985 (Act for short). Case property was later produced before the Station House Officer of Police Station Sangat by the investigating Officer (PW2). Later, Station House Officer produced the case property before the learned Illaqa Magistrate. Thereafter, he deposited the same with Dilbagh Singh, MHC, Judicial Malkhana, Bathinda. The sample parcel of this case was sent to the Chemical Examiner, Patiala through Constable Pritam Singh. Chemical Examiner vide report Ex.PL declared contents, thereof, to be of opium.

(3.) After completion of investigation, Station House Officer of police station Sangat instituted police report under Section 173 of the Code of Criminal Procedure ('Cr.P.C' for short) before the learned Illaqa Magistrate to the effect that it appears that the respondent has committed an offence punishable under section 18 of the Act.