RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed by accused-appellant Ram Singh against the judgment of conviction dated 24.09.2002, whereby he was held guilty and convicted for the offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substance Act 1985 (here-in-after called the NDPS Act) and the order of sentence of the same day, vide which he was sentenced to undergo rigorous imprisonment for a period of three years and was also directed to pay a fine of 10,000.00. In default of payment of fine, he was to further undergo rigorous imprisonment for two months.

(2.) The facts giving rise to this prosecution are that on 25th April, 1998, ASI Malkiat Singh along with other police employees, in connection with patrolling and crime checking, was going from village Pakka Kalan to village Kutti by Katcha path. The accused-appellant was seen coming from the opposite direction carrying a gunny bag on his head. On seeing the police vehicle he got perplexed and tried to return at once. He was apprehended. His antecedents were inquired of. The Investigating Officer informed the appellant that he suspected some narcotic substance in the bag in his possession. His search is to be taken. He has a right to get his search conducted in the presence of a Magistrate or a Gazetted Officer. The accused exercised his option for his search in the presence of a Gazetted Officer. The Investigating Officer prepared the memo Ex.PG. The Investigating Officer contacted Head Quarter, Bhatinda on the wakie-talkie set and requested to depute some Gazetted Officer. After some time, Brij Mohan Sarup, D.S.P. (PW1) reached at the spot. He gave his introduction to the appellant. The appellant gave his consent for his search in the presence of D.S.P. Brij Mohan Sarup. Memo Ex.PA to this effect was reduced into writing. In the presence of the D.S.P., a search was conducted by opening the bag, which was found containing poppy husk. After arranging the weighing material, 100 grams poppy husk was separated as sample and the remaining poppy husk in the bag came to 29 Kg. 900 grams. The sealed parcels of the sample and remainder were prepared and were sealed with seal bearing impression 'MS'. The seal after use was entrusted to Head Constable Mithu Singh No.121. The case property was taken into possession vide memo Ex.PB. The accused-appellant was arrested after narrating him the grounds of his arrest. The Investigating Officer sent written information Ex.PJ to the Police Station, on the basis of which formal FIR Ex.PJ/1 was registered. The Investigating Officer also prepared the site plan Ex.PH of the place of recovery.

(3.) On return to the Police Station ASI Malkiat Singh produced the accused along with case property before PW4 S.I. Dinesh Kumar, the S.H.O. of Police station Sangat. He verified the facts of the case from the accused and affixed his own seal bearing impression 'DK' on the case property. He kept the case property in safe custody. On 26th April, 1998 he produced the accused along with case property before the learned Illaqa Magistrate, who passed the order Ex.PK/1. S.I. Dinesh Kumar also prepared the inventory of the case property Ex.PL. The sample was sent to the Chemical Examiner for examination, which were found to be of poppy heads vide report Ex.PP. On completion of the investigation, report under Sec. 173 Crimial P.C. was presented in the Court.