JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 20.04.2001, passed by the Judge Special Court, Patiala whereby the accused -appellant was sentenced to undergone minimum sentence of 10 years with fine of Rs. 1 lac and in default of payment of fine to further undergo R.I. for two years, for the offence punishable under Section 18 of the NDPS Act. The facts, in brief are that on 22.09.1999, S.I. Krishan Kumar, Incharge Divn. No. 4, Patiala along with other police officials was present at Lahori Gate, near Mall road, Patiala in vehicle Allwyn Nissar for patrolling. On receiving secret information, S.I. Krishan Kumar sent ruqa Ex. PB to the police station, on the basis of which formal F.I.R. was registered by ASI Gurbaj Singh. The police party then proceeded towards Jujhar Nagar and when they reached near bus stand, Harnam Singh @ Mihan, an independent witness met them and was also joined. When they reached at the bandh of Jujhar Nagar, accused Joginder Singh was seen standing there having a jhola in his right hand. On seeing the police party, he tried to slip back, but on suspicion, he was apprehended. On giving option by S.I. Krishan Kumar with regard to search, the accused replied that he may be searched in the presence of Gazetted Officer. His consent memo (Ex PC) was recorded, which was signed by the accused and attested by ASI Tejinder Singh and Haryana Singh P.W. A wireless message was sent to S.P. City, who arrived at the spot and gave option to the accused and recorded his consent memo Ex. PD. On his instructions, S.I. Krishan Kumar took the search of his jhola carried by the accused, which found to contain opium wrapped in a glazed paper. The accused failed to produce any valid permit or licence for the possession of the opium. The sample of 20 grams each were separated and put in to small dabbi tin and made into parcels. The residue opium when weighed was found to be 660 gms, which was put in another dabba tine. Samples and dabba tin was sealed with the seal bearing impression KK of S.I. Krishan Kumar and GS of SP Gurpreet Singh Gill. Sample seal (Ex P2) was prepared. The seal after use was handed over to HC Gurmail Singh and that of SP Gurpreet Sing was retained. The entire case property was taken into possession vide memo Ex. PE. The accused was arrested vide. Site plan Ex. PH was prepared. The case property along with accused was produced before Inspector Rajwinder Singh.

(2.) AFTER getting the report from the Chemical Examiner, challan was presented against the accused and thereafter, he was charged under Section 18 of the NDPS Act vide order dated 17.01.2000 to which he pleaded not guilty and claimed trial.

(3.) STATEMENT of the accused under Section 313 Cr.P.C. was recorded wherein he denied the prosecution allegations and stated the he is innocent. He has led no evidence in his defence.