KAPIL DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KAPIL Dev son of Muni Lal stands convicted by the learned Additional Sessions Judge, Hoshiarpur vide judgment/order dated 10.7.1993 under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for allegedly keeping in his conscious possession 1-1/2 kgs of charas. He has been sentenced to undergo RI for ten years and to pay a fine of Rs one lac, in default of payment of fine to further undergo RI for one year. Aggrieved by the said judgment of conviction and sentence, he has preferred the present appeal.

(2.) ON 12.5.1992, ASI Mandip Singh PW1 was patrolling between the area of Sessions Chowk towards Railway Station, Hoshiarpur when the present appellant was spotted. He after seeing the police party tried to retreat back. He was apprehended. An offer was given by ASI Mandip Singh to the present appellant as to whether he wanted his search to be conducted before the Magistrate or before the Gazetted Officer. The appellant expressed his desire to be searched before the gazetted officer. Consequently a message was sent to Prag Jain, Superintendent of Police (City) who came to the place of recovery and in his present the search was conducted from the Jhola of the appellant which he was carrying with him. 1-1/2 Kgs. of charas was recovered from the said Jhola. 20 grams of charas was taken out as sample and the remaining charas was separately sealed with the seal impression bearing letters 'PJ' (Prag Jain) and thereafter that parcel and the sample were taken into possession vide recovery memo Ex.PA. Personal search of the appellant was also conducted and a sum of Rs 370/- was also recovered. On the basis of the ruqa Ex.PC sent by ASI Mandip Singh PW1 formal FIR Ex. PC/1 was recorded in the police station. ASI Mandip Singh also prepared site plan Ex.PD at the spot. The case property was thereafter deposited with Moharrir Head Constable Kewal Singh with all the seals intact.

(3.) THE prosecution in order to substantiate its case has examined PW1 ASI Mandip Singh who is the investigating officer of the case. HC Ranjit Singh PW2 is another witness of the recovery. Besides this, the prosecution tendered into evidence two affidavits Ex. PF and PG of Constable Yash Pal Singh and MHC Kewal Singh respectively and report of the Chemical Examiner Ex.PE.