LAWS(P&H)-2005-5-91

JARNAIL SINGH Vs. STATE OF PUNJAB

Decided On May 18, 2005
JARNAIL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) APPELLANT Jarnail Singh stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') vide impugned judgment dated 8.5.2000 of learned Additional Sessions Judge, Fatehgarh Sahib and has been sentenced to undergo RI for ten years and to pay a fine of Rs.one lac, in default of payment of fine to further undergo RI for six months.

(2.) THE prosecution story in brief is that on 25.3.1993 Sub Inspector Nazir Singh of Police Station Khamano (PW -4) along with Mohan Singh HC (PW) and other police officials was present at Bus Stand Khamano where he received a secret information to the effect that the appellant was indulging in sale of poppy husk and if a immediate raid is conducted at his house, a huge quantity of bags of poppy husk can be recovered. The police party thereafter left for the house of the appellant. Dial Singh Chowkidar was also joined. The appellant was found present at his house. He was taken into custody and was interrogated. During his interrogation, the appellant suffered a disclosure statement Ex.PE to the effect that he had kept concealed five bags of poppy husk in his cattle shed about which he knew only and could get the same recovered. The said disclosure statement was thumb marked by the appellant and attested by HC Mohan Singh and Dial Singh Chowkidar. Before conducting the search the appellant was asked as to whether he wanted the search to be conducted in the presence of a Gazetted Officer of Police or a Magistrate but he reposed confidence in SI Nazir Singh. His statement Ex.PF was also recorded in this regard. The appellant then led the police party to the place of concealment and got recovered five bags of poppy husk from the disclosed place after removing the toori. All the five bags were containing poppy husk. All the poppy husk were mixed in the courtyard. Out of the entire poppy husk, two samples of 250 grams were taken out by the Investigating Officer. The remaining poppy husk was then transferred to five bags recovered from the appellant which came to be 35 kgs. each. All the bags were then sealed with the seal bearing impression 'NS'. The parcel was also sealed with the same seal. The case property was then taken into possession vide recovery memo Ex.PG which was attested by the aforesaid witnesses. Sample chit Ex.P -1 was also prepared at the spot. The seal after use was handed over to HC Mohan Singh. Rough site plan Ex.PH was also prepared at the spot. Personal search of the appellant was conducted vide memo Ex.PJ. The other formalities were also conducted at the spot. The appellant and the case property were then produced before SHO Swaran Singh PW -3 who verified the facts from the appellant. He also put his seal bearing impression 'SS' on the case property and took the entire case property into possession vide memo Ex.PC which was attested by SI Nazir Singh the Investigating Officer. After completion of the entire investigation, the appellant was challaned. He was consequently charged under Section 15 of the Act. As stated above, he has now suffered conviction. Hence this appeal.

(3.) IN order to prove the link evidence, HC Malkit Singh PW -1, Constable Lakhbir Singh PW -6 and Constable Gurmit Singh PW -7 have tendered their affidavits Ex.PA, PW6/A and PL respectively.