SIKANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Sikander Singh stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short 'the Act'), vide impugned judgment df the learned Judge (Special Court) Patiala, dated 3.2.2005.

(2.) While declining the application for suspension of sentence vide order dated 3.3.2005, this appeal was posted for final (hearing). Trial Court records have also been received.

(3.) In brief, the case of the prosecution is that on 6.1.2002, ASI Nazir Singh PW-2 of CIA Staff, Barnala along with other police officials was going from link road, Thikriwala to link road Naiwala in his official vehicle for checking the suspected persons. When the police party reached near the drain bridge in the revenue limits of Barnala, the appellant was seen coming from the opposite direction. He was on cycle, carrying two bags loaded on the cycle. On seeing the police party, he tried to turn towards drain side, but was apprehended. In the meanwhile, one Bhola Singh (independent witness) had also reached there. He (was) joined in the police party. The appellant disclosed his name as Sikandar. ASI Nazir Singh apprised the appellant of his right to get the bag searched in the presence of the Gazetted Officer or the Magistrate but he vide memo Exhibit PA opted the bags to be searched in the presence of some Gazetted Officer. DSP Kanwaldip Singh PW3 was called at the spot. He also gave him the offer to be searched before some other Gazetted Officer or Magistrate. However, the appellant reposed confidence in him vide memo Exhibit PB, which was signed by him and attested by the police officials and the independent witness. Therefore, the two bags, which were given serial Nos. 1 and 2, were checked. The bags were containing poppy husk. From each bag two samples of 250 gms. each of poppy husk were separated and put into separate parcels. The contents of the each bag when weighed came to 25-1/2 kgs. poppy husk (total 51 kgs). The entire poppy husk was transferred in the respective bags. All the four samples and two main parcels of poppy husk were sealed by ASI Nazir Singh with his own seal bearing letters 'NS'. DSP Kanwaldip Singh also sealed the same with his own seal bearing letters 'KS'. All the articles were taken into possession at the spot. Personal search of the appellant was also conducted. Only some amount was recovered. A ruka was sent to the Police Station, on the basis of which formal FIR was recorded. Memo Exhibit PH with regard to grounds of arrest was also prepared. Report under Section 57 of the Act was also prepared, which was endorsed by DSP, Kanwaldip Singh with his endorsement. Statements of the witnesses were recorded. The case property and the specimen of seal along with the appellant were produced before Inspector Surinder Singh, SHO of Police Station, Barnala, who after verifying all the facts and investigation sealed the sample and the case property with his own seal bearing letters 'SPS'. He also put the impression of his seal on the specimen of seal impression and deposited the case property with MHC Ajaib Singh with all the seals intact. After obtaining the report of the Chemical Examiner and completing the investigation, the appellant was challaned. He was charged under Section 15 of the Act. As stated above, he now stands convicted. Hence, this appeal.