LAWS(P&H)-2014-5-858

DARA SINGH Vs. STATE OF PUNJAB

Decided On May 20, 2014
DARA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 11.04.2005 passed by the Judge, Special Court, Patiala whereby Dara Singh appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985(for brevity "the Act"), detailed hereinbelow: - <FRM>JUDGEMENT_858_LAWS(P&H)5_2014.htm</FRM>

(2.) THE brief facts of the case are that on 21.11.2003, SI Karmit Singh of CIA Staff, Nabha along with a police party was present at bus stand Dhingi in connection with checking of bad elements. Chhaju Khan, a public witness came and joined in the police party. Secret information was received that Dara Singh accused is indulging in sale of poppy husk and he has kept the suspect material in a room constructed in his plot in the area of village Sandhoheri and if a raid is conducted, he can be apprehended with the contraband. The police party reached the disclosed place and found the accused present in his plot. He was apprised of his right of being searched in the presence of a gazetted officer or a Magistrate but he reposed confidence in the Investigating Officer (in short "I.O."). On search of two bags, poppy husk was recovered from each of the bags, two samples of 25 grams each from each bag were separated and converted into parcels. The residue weighing 39.950 kgs in one bag and 19.950 kgs in another bag were sealed in separate parcels with seal bearing impression KS. Seal after use was handed over to Chajju Khan. Sample seal impression was also prepared. The case property was taken into police possession through seizure memo. Ruqa was sent to the police station and on its basis, formal FIR was registered. Site plan of the place of recovery was prepared and statements of witnesses were recorded. Intimation memo regarding arrest of accused was also prepared. On return to the police station, the case property along with the accused and PWs were produced before the Station House Officer, Harbhajan Singh. He verified the case property and put his seal bearing impression HS on the case property as well as sample seal chit. The case property was deposited with MHC Surinder Singh.

(3.) ON 22.11.2003, ASI Karmit Singh produced the accused and the case property before the Illaqa Magistrate. The Magistrate found the seals intact on the case property and thereafter photographs of the case property were taken and it was redeposited with the MHC. Two parcels of samples were sent to the office of Chemical Examiner, Patiala for analysis.