RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal appeal has been preferred by appellant Ranjit Singh, who was named as an accused in case FIR No.453 dated 16.06.2001, registered at Police Station Samana, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act"). The learned Trial Court vide the impugned judgment and order dated 10.03.2003 found the appellant guilty of offence under Section 15 of the Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh, in default whereof, he was to undergo further rigorous imprisonment for three months.

(2.) Brief facts of the case are that on 16.06.2001, ASI Rajpal Singh alongwith other police officials was present on Wine Shop of village Achralla after patrolling the area of villages Achrala and Lalochhi. At that time, ASI Rajpal Singh received secret information that Amrik Singh son of Joginder Singh, caste Kamboj, resident of village Seomajra, Police Station Gulhla, District Kaithal and Ranjit Singh son of Bachan Singh, caste Kamboj, resident of village Lalochhi are engaged in selling poppy husk by keeping the same in the cattle-shed of Ranjit Singh, half portion of which is being used for keeping dry fodder and half for tethering the cattle and if raid is conducted heavy quantity of poppy husk could be recovered.

(3.) On believing the said information to be correct, ASI Rajpal Singh sent ruqa to the police station through Constable Major Singh for registration of the case. On the basis of which, formal FIR was recorded by ASI Darshan Singh. Thereafter, ASI Rajpal Singh alongwith other police officials was going to conduct the raid at the nominated place and found accused-Amrik Singh and Ranjit Singh present there and on seeing the police party, they tried to run away. Accused Ranjit Singh was apprehended while the other ccused Amrik Singh succeeded in running away. On enquiry, accused- Ranjit Singh told his name, parentage and address etc. In the meantime, Amrik Singh son of Khazan Singh, resident of Waraichan Patti Samana came there and he was also joined in the police party. ASI Rajpal Singh told accused Ranjit Singh that he wanted to conduct the search of the verandah in which dry fooder (Toori) was lying and he was also apprised about his right to get the search conducted before some Gazetted Officer or Magistrate who can be summoned there, to which the accused replied that the search be conducted in the presence of some Gazetted Officer. Dissent statement of the accused was recorded. Wireless message was sent to DSP, Circle Samana, who reached there after some time and he disclosed his identity to the accused being a Gazetted Officer and DSP, Samana and also told him that there is some contraband in the verandah and as such they wanted to conduct the search of the said verandah and if he so desired the search can be conducted in the presence of some other Gazetted Officer or Magistrate, but he reposed confidence in the DSP. Consent statement of the accused was recorded. On enquiry by the DSP, the accused made disclosure statement that he alongwith Amrik Singh have kept concealed five bags of poppy husk under the heap of dry fodder and about which only they knew and could get the same recovered. Disclosure statement of the accused was recorded by ASI Rajpal Singh which was signed by the accused and attested by the witnesses including the DSP. Thereafter, in pursuance of his disclosure statement, accused-Ranjit Singh led the police party to the disclosed place and got recovered five bags of poppy husk.