DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal is to an order dated 30.04.2008 passed by the learned Special Court, Ludhiana, convicting the appellant for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1.00 lac. In the event of default of payment of fine, the appellant was to further undergo rigorous imprisonment for a period of one year.

(2.) The prosecution story is that on 27.6.2006, ASI Jasmer Singh of Police Station Dakha along with other police officials was going on scooter and motor cycle for patrol duty. After passing through Mullanpur Town, when the police party reached in the area of Village Rakba at about 12.20 p.m. and was at a distance of 40 meters from the main road, the appellant came from the side of Sudhar on a scooter carrying a heavy plastic bag on the front portion of the scooter and one plastic bag was tied on the back seat of the scooter. On seeing the police party, he immediately turned back his scooter but fell down. On suspicion, ASI Jasmer Singh apprehended him. On inquiry, the accused disclosed his name as Darshan Singh S/o Arjun Singh resident of Village Khadoor. The Investigating Officer - ASI Jasmer Singh introduced himself and other police officials to the accused and told him that he suspect some objectionable material in the bags being carried by the accused on his scooter. An option was given to the accused to the effect that whether he wants to get searched the bags in the presence of a Gazetted Officer or a Magistrate. However, the appellant stated that he does not want to call any Magistrate or Gazetted Officer. He further stated that he has confidence in the Investigating Officer and that the Investigating Officer can take search of the bags. In this regard, a consent memo (Ex.PA) of the accused was prepared and attested by the witnesses.

(3.) On search, poppy husk was recovered from both the bags. Such poppy husk was in possession of the accused without any license. The Investigating Officer sent Constable Swaran Singh to call the public witnesses. After return, he told the Investigating Officer that about 10-12 persons were asked to join the recovery process but none came forward to join the recovery process. The Investigating Officer thereafter separated two samples of poppy husk each weighing 100 gms. from each of the bags and the remaining bags were found containing 26.800 kgs poppy husk each. The recovery memos were prepared. The sealed parcels and the scooter were taken into possession vide recovery memo Ex.PB. Ruqa Ex.PC was sent to the police station by the Investigating Officer on the basis of which FIR Ex.PC/1 was registered. After the arrest vide memo Ex. PF, information was given to the brother of the accused. Memo Ex.PG was prepared to this effect. Special report Ex.PJ was sent to the Senior Officer and thereafter on reaching the police station, case property was handed over to SI Balbir Singh for verification, who sealed the same with his seal. The case property was deposited with MHC Subeg Singh. The case property was produced before the Duty Magistrate on the next day of recovery which was deposited with Head Constable Subegh Singh. Sample survey was sent to Forensic Science Laboratory, Chandigarh for analysis. Vide its report, Ex.PK, Forensic Science Laboratory declared the contents of the sample parcels as of poppy husk. On completion of the investigation, the appellant was charged for an offence under Section 15 of the Act.