SAKATAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Sakattar Singh and Mukhtiar Singh, have brought this appeal against the judgment and order dated August 22, 1996, whereby they were convicted under S.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), and sentenced to undergo R.I. for 10 years with a fine of Rs. one lac each. Further, in default of payment of fine, they were ordered to undergo. R.I. for two years each, by the learned Addl. Sessions Judge, Ferozepur.

(2.) IN nutshell, the facts culminating to the commencement of this appeal may be recapitulated thus : -

(3.) FIRST of all, Iqbal Singh S. I. conducted search of the bag carried by appellant No. 1 Sakattar Singh in accordance with the rules on the subject and recovered 21kg of opium wrapped in a glazed paper from the said bag carried by him in his lap. He then separated a sample of 100 grams from the opium recovered from Sakattar Singh and put the same in a DABBI (a small tin box). After that, he made separate parcels of the remaining opium. Then, he sealed both the parcels with the seal impressions bearing letters 'IS'. A separate specimen seal impression was also prepared. Thereafter, parcel of remaining opium Ex. P1, empty bag Ex. P2 and a sample seal Ex. P3 were taken into possession vide recovery memo Ex. PC. Thereafter, accused Mukhtiar Singh (hereinafter referred to as the 'second appellant) was also searched in respect of the bag carried by him. Consequently, 20 kg of opium was recovered from his possession. A sample of 100 grams was separated from the bulk opium. Then the sample as well as the remaining opium were made into two separate parcels and sealed with the same seal impression 'IS'. These parcels were then taken into possession from the second appellant vide recovery memo Ex. PD duly attested by said Darshan Singh ASI and Hardev Singh ASI. The third accused, namely, Balwinder Singh, was also searched and 19 kg of opium was also recovered from his possession and after having been challenged in this case, he did not appear before the trial Court and ultimately, this accused was declared proclaimed offender in this case. The tractor Ex. P7 aforesaid was also taken into possession vide recovery memo Ex. PE and thereafter, both the appellants and accused Balwinder Singh (since declared proclaimed offender) were apprised of the grounds of arrest vide recovery memo Ex. PF duly attested by the aforesaid two ASI i.e. Darshan Singh and Hardev Singh and thumb marked by Sakattar Singh appellant No. 1 and signed by second appellant Mukhtiar Singh appellant No. 2. Since none of the appellants could produce any licence or permit for keeping the opium in their possession, therefore, ruqa Ex. PG was sent to the Police Station, Sadar Ferozepur, through Constable Malkiat Singh and ultimately, FIR Ex. PG / 1 was recorded by Joginder Kumar, SHO Iqbal Singh is the Investigating Officer in this case. He prepared the rough site plan Ex. PH of the place of occurrence with correct marginal notes in his hand. He then recorded the statements of the witnesses also and arrested the appellants. On return to the Police Station, he produced the case property as well as specimen seal impressions before S.I. Joginder Kumar SHO PW 5, who in turn, put his seal bearing impression 'JK' on all the parcels.