BUDH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED convict has directed this appeal against the judgment and order dated 17.5.2003 passed by Sh. D.R. Arora, Judge, Special Court, Ludhiana vide which he has been convicted under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short " "the Act") for having been found in possession of 2.5 kgs of opium without any licence or permit.

(2.) SHORN of unnecessary details, the case of the prosecution is that on 9.9.2001 SI/SHO Savinder Singh of Police Station Dehlon, accompanied by police party was present in Chappar Chowk in the area of village Chappar having held a special nakabandi. He received a secret information that Budh Singh son of Chand Singh, Jat of village Rachhin Police Station Dehlon indulged in possessing and selling the opium and even at that time, he had kept opium, put in a pitcher in the residential house of Hardev Singh son of Kartar Singh, who along with his family had been to Canada having provided the house to Budh Singh as a care taker and if raid was conducted the recovery of the opium could be effected. The SHO relied upon the information and sent ruqa Ex.PA to the Police Station. On the basis of which, formal FIR was recorded. Thereafter, the Police party led by SI Savinder Singh conducted the raid at the house of the accused. SI Savinder Singh started inquiring about Budh Singh from his wife Smt. Joginder Kaur and in the meantime, the accused was noticed standing in front of nearby house holding a pitcher in his right hand, who on seeing the police party immediately, tried to slip away but he was apprehended by the police party. The said person disclosed his name as Budh Singh son of Chand Singh i.e the accused. SI Savinder Singh suspected the pitcher having contained opium and accordingly, he asked the accused that he had to conduct the search of the same and gave him the offer that if he so desired, the search would be conducted in the presence of a Gazetted Officer or Magistrate and accused asked for the presence of a Gazetted Officer or a Magistrate. SI Savinder Singh sent message to DSP Paramjit Singh Goraya of Dakha and deputed Constable Sukhwinder Singh to arrange for the respectable and who on coming back disclosed that nobody was willing to come forward as the accused was the then member Panchayat and was a politician and even the persons present there refused to be witness. In the meantime, DSP Paramjit Singh Dakha arrived at the spot who introduced himself to the accused as DSP Dakha and also asked the accused that he had to conduct the search of the pitcher. The accused reposed confidence in the DSP vide consent memo. SI Savinder Singh under the directions of DSP conducted the search of the pitcher and the same was found to have contained the opium covered in the plastic bag. Out of the recovered opium, two samples of 10 gms each were taken out and the bulk of the opium on weighment was found to be 2 killo 480 gms and the same was put in the same very pitcher. The parcel and the pitcher was duly sealed with seal bearing letters 'SS' and 'PS' and specimen impressions of the seal were prepared. The seal was handed over to HC Piara Singh. The Investigating Officer conducted search of the accused and mobile and one wrist watch were recovered and the same were taken into possession vide separate memo. An intimation regarding the arrest of the accused was sent to Gurbant Singh son of Harnek Singh as desired by the accused. The sample was sent for analysis and the same was found to be containing 2.75% morphine. On completion of investigation, the challan was presented in the Court.

(3.) COPIES of documents were supplied to the accused under Section 207 Cr.P.C and charge under Section 18 of the Act was framed against the accused to which he pleaded not guilty and claimed trial.