RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RANJIT Singh alias Kaka alias Bhundi son of Nahar Singh, has filed the present appeal against the judgment and order dated July 13, 1990 passed by the learned Additional Sessions Judge, Ludhiana, whereby he was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1,00,000/- (Rs. One lac). Further, in default of payment of fine, he was also ordered to undergo R.I. for one year.

(2.) IN nut-shell, the facts giving rise to this appeal may be recapitulated thus :- On May 30, 1988, PW-4 Inspector/S.H.O. Hardip Singh, was posted at Police Station, Jagraon. On that date, he alongwith PW-3 S.I. Harbhajan Singh and other police officials, was present at Naka on the culvert of the canal minor. In the area of village Akhara. There, he had received a secret information that the appellant Ranjit Singh had collected heavy quantity of poppy husk in his fields and if a raid was conducted, poppy husk could be recovered from the fields of the appellant. Hardip Singh aforesaid, the then S.H.O. organised a raiding party. One Dharam Singh was also joined and then raided the fields of the appellant. There, the appellant was found concealing the bags of poppy husk under the heap of cotton plant sticks. He was then apprehended. His personal search was conducted, but nothing was recovered. A memo Ex. PC to that effect was also prepared. Thereafter, the appellant was given an option if he wanted to get the search of cotton plant sticks in the presence of the Gazetted Officer ?, but he reposed confidence in the aforesaid police officer namely Hardip Singh, Investigating Officer of this case. Thereupon a search was conducted of the cotton plant sticks, from where the got recovered 20 bags of poppy husk. On weighing, each bag was found to have contained 35 KG of poppy husk. From each bag, a sample of 250 grams was taken out and, thereafter, the samples as well as he remaining case property were sealed separately, 20 bags of poppy husk Ex. P-1 to Ex.P-20 were sealed with the seal bearing alphabet of 'HS'. The seal after use was handed over to Dharam Singh. Case property and the samples were then taken into possession by the police vide recovery memo Ex.PB. Then, ruqa Ex. PD was sent to the police station for registration of the case, on the basis of which, formal F.I.R. Ex.PD/1 was recorded by Head Constable Dhian Singh, PW-4 then prepared a rough site plan Ex. PE of the place of recovery. He also recorded the statements of the recovery witnesses and deposited the case property and sample with MHC Harsukhdev Pal. After completion of necessary investigation of this case, accused was challaned for commission of offence punishable under Section 15 of the Act, by Inspector Harbel Singh.

(3.) IN order to prove its case against the appellant, the prosecution examined as many as five witnesses and also tendered into evidence affidavit Ex. PH, report of Director, Forensic Science Laboratory.