PARGAT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Pargat Singh and Jaswinder Singh who were convicted under Section 18 of the Narcotic Drugs and Psychotorpic Substances Act, 1985 and sentenced thereunder have preferred the present appeal.

(2.) The case of the prosecution is well projected through the evidence of PW4 Joginder Pal, Station House Officer, Police Station Sadar Faridkot. He has deposed as follows:-

(3.) PW4 informed the accused that he suspected transportation of contraband through the above vehicle. He also informed them that they had the right to get the search conducted in the presence of a Magistrate or a Gazetted Officer. The accused expressed his desire to have the search conducted in the presence of a Gazetted Officer. Message was sent to PW5 DSP Satwant Singh to come to the spot. On his arrival, he disclosed his identity to the accused. As both the accused reposed confidence in him, a search was conducted in the presence of PW5. A sum of Rs. 7,95,602/- was recovered from the bag found in the car. There was a plastic box in the bag. Opium was wrapped in a glazed paper. Two samples of 10 gms. each were separated. The remaining quantity of opium weighed 10Kg. and 200 grams. The samples and the remaining quantity were separately parcelled and sealed with the seal of PW4 and PW5. The seal of PW4 after use was handed over to PW8 SI Jagdish Lal. The accused and the material objects were produced before PW7 ASI Gursher Singh who, in turn, produced the same before the learned Judicial Magistrate.