BHIM NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment of conviction and order of sentence dtd. 21/9/2010, passed by learned Special Court, Ferozepur, whereby the present appellant was convicted for the offence punishable under Sec. -18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the 'Act') and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.100000.00 along with default stipulation, the appellant has preferred the present appeal before this Court.

(2.) Shorn of unnecessary details, the prosecution story, as it emanates from the report under Sec. 173 Cr.P.C, is that on 7/4/2008, Amritpal Singh , SI along with other police officials were going towards railway station from Ghumiar Mandi. The police party reached Peer Baba Dargaha and the accused was seen coming from the opposite side carrying a black bag in his right hand. However, on seeing the police party, the accused became nervous and turned towards his left side. The police party also got suspicious and stopped its vehicle. Amritpal Singh, SI apprehended the accused with the help of other police officials and inquired about the name and address of the accused, who disclosed his name and address to the police party. Amritpal Singh, SI made efforts to join the independent witnesses, but nobody preferred to join. Ultimately, Amritpal Singh, SI told the accused that the police party had the suspicion that there was some intoxicant in his bag and apprised him of his legal right to get his search conducted in the presence of a Gazetted Officer or a Magistrate. However, the accused opted to get his search conducted in the presence of a Gazetted Officer and the memos in this regard were prepared, which were signed by the accused and attested by SI Dogar Singh and ASI Pargat Singh. On this, Amritpal Singh, SI requested Rajinder Singh DSP(D), to reach at the spot and after sometime Rajinder Singh DSP(D), along with his staff reached at the spot and on reaching there, he introduce himself to the accused and informed him that he was a Gazetted Officer of the Punjab Police and even he had suspicion that there was some intoxicant in his possession and the search of the bag in his possession was to be conducted. Even he apprised the accused that he has legal right to get the search conducted in the presence of a Magistrate or any other Gazetted officer. However, the accused reposed confidence in the Rajinder Singh DSP(D), and a consent memo was separately drawn, which was signed by the accused and the witnesses. Amritpal Singh, SI conducted the search of the bag at the instance of DSP(D) and it was found that opium was kept in the same, which was wrapped in a glazed paper. After weighing, the opium was found to be six Kgs. Out of the recovered opium, two samples of 10 grams each were separated and converted into seal parcels and the remaining opium was also kept in a plastic container and was converted into bulk parcels. The sample parcels as well as bulk parcel of the remainder quantity of the contraband were sealed with the seal 'AS' and specimen seal chit Ex.P1 was prepared separately. The seal after use was handed over to SI Dogar Singh. Rajinder Singh DSP(D), also affixed his seal bearing impression 'RS' on the abovesaid parcels, bulk parcel as well as the on chit Ex.P1 and retained the seal with himself. The case property was formally taken into possession by the police and a recovery memo was prepared in this regard, which was signed by the Rajinder Singh DSP(D) and the witnesses. Even the personal search of the accused was conducted and a sum of Rs.290.00 was recovered and was taken into possession by the police. The accused was formally arrested in the present case and his ground of arrest memo was also prepared. A formal ruqa was sent to the police station, on which the FIR was registered by SI, Subhash Chander. After completing the legal formalities at the spot, Amritpal Singh, SI produced the accused along with case property and witnesses before the SI/acting SHO Bohar Singh, who again verified the facts from the accused as well as the witnesses and affixed his seal bearing impression 'BS' on all the parcels and on the specimen seal chit. The case property was taken into possession and after completion of necessary investigation, the challan was presented in the Court for holding the trial against the appellant.

(3.) After going through the challan, the learned Trial Court found that the appellant/accused had committed an offence punishable under Sec. 18 of the 'Act' and he was ordered to be charge-sheeted accordingly. The appellant pleaded his innocence and claimed trial.