JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 27.10.2003 vide which accused-appellant Jaswinder Singh has been held guilty and convicted for the offence punishable under Section 18 Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter to be referred as 'Act') and order of sentence of the same date, vide which he has been sentenced to undergo rigorous imprisonment for a period of one and half year and to pay a fine of Rs. 3000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The brief facts of the prosecution case are that on 20.05.1999, SI Gurdeep Singh of CIA Staff, Jalandhar along with police party was present at bus stand, Lambra. He received a secret information that the present appellant and one Anwar Khan were selling opium at tubewell of Jaswinder Singh-appellant and they have brought huge quantity of opium from Madhya Pradesh. If raid is conducted, opium in large quantity can be recovered. On receiving the secret information, SI Gurdeep Singh along with police party proceeded for conducting raid. He associated Gurdev Singh Lambardar in the raiding party. The police party raided tubewell of Jaswinder Singh. On seeing the police party, two persons holding the plastic bags in their hands tried to slip away from the tubeweell room. They were apprehended by SI Gurdeep Singh with the help of his fellow police officials. One of them was present appellant namely Jaswinder Singh. SI Gurdeep Singh suspected narcotic substance in his possession and he gave option to accused for conducting his search by some Magistrate or by some Gazetted Officer. Accused reposed confidence in SI Gurdeep Singh. The Investigating Officer prepared the consent memo Ex.PB in this respect. He, then sent a message to Deputy Superintendent of Police, Ajit Singh to reach at the spot, who reached there and disclosed his identity to the accused. DSP, Ajit Singh directed SI Gurdeep Singh to conduct the search of accused. On his search, opium wrapped in a glazed paper was recovered from the right hand of accused Jaswinder Singh, out of which 10 gms was separated as sample and remaining opium came to 1 kg 990 gms. The sample and the remainder were separately sealed with the seal bearing impression 'ASB'. The specimen seal impression was prepared. The case property was taken into possession vide memo Ex.PA. The Investigating Officer sent ruqa Ex.PC to the police station. On the basis of which, formal FIR Ex.PC/1 was registered. The Investigating Officer also prepared the rough site plan Ex.PC. Thereafter, SI Gurdeep Singh has produced the case property before SHO, Surjit Singh, who affixed his seal on sample and the remainder parcel and entrusted the same to SI Gurdeep Singh, who deposited the case property with MHC in intact condition. Sample parcel was sent to Chemical Examiner for examination and on completion of the investigation, the report under Section 173 Code of Criminal Procedure (for short 'Cr.P.C') was presented.

(3.) The appellant was charge sheeted for the offence punishable under Section 18 of the Act, to which he pleaded not guilty and claimed trial.