BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order. I shall dispose of two Criminal Appeals bearing Criminal Appeal No. 335-SB of 1991 and Criminal Appeal No. 424-SB of 1991, filed by Baljinder Singh alias Kala son of Raunak Singh, Mazhbi Sikh resident of Hathoor, Police Station Jagraon, as both the aforesaid appeals arise out of one and the same occurrence, registered vide FIR No. 243 of 10-9-1989 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") at Police Station, Jagraon. The first Criminal Appeal No. 335-SB of 1991 is directed against the judgment and order of Additional Sessions Judge, Ludhiana dated 30-8-1991 who convicted the appellant under Section 18 of the Act and sentenced him to undergo Rigorous Imprisonment for 10 years with fine of Rs. One lac and in default of payment of fine, to further undergo R1 for one year. The second Criminal Appeal No. 424- SB of 1991 is directed against the order of Additional Sessions Judge, Ludhiana dated 31-10-1991 whereby in proceedings under Section 60(3) read with Section 63 of the Act arising out of the same FIR No. 243 dated 10-9-1989 the scooter of the appellant bearing Registration No. PBE-9528, found to have been used for carrying the contraband substance i.e. 2 Kg. of Opium, was confis- cated to the State of Punjab.

(2.) In nut-shell, the prosecution case, as divulged by the witnesses at the trial, is as under: On 10-9-1989, at about 4.30 p.m., ASI Kuldip Singh (PW-5) along with his police party, in a Government Jeep was on patrol duty in connection with search of the extremists. When the police party reached ahead of Sua in the area of village Lakha, Police Station Jagraon, appellant was seen coming on scooter bearing registration No. PBE 9528 (make Bajaj Chetak) of light green colour, from the opposite side. On seeing the police party, he tried to turn-back. Thereupon, he was apprehended on the basis of suspicion. Then appellant was given an offer if he wanted his scooter to be searched in the presence of a Gazetted Officer or a Magistrate. But, he declined the offer and reposed confidence in ASI Kuldip Singh (PW-5), who was Investigating Officer in this case. On search of the dickey of the aforesaid scooter, opium wrapped in a glazed paper was recovered, which when weighed, was found to be 2 Kg., 10 gms. of opium was separated as a sample. The remaining opium as well as the sample were made into two separate parcels and sealed with the seal bearing impression "K.S.". Both the sample and case-property as well as the scooter were taken into possession vide recovery memo Ex. PB attested by HC Jagdish Singh (PW- 3) and Constable Arjan Singh. The Investigating Officer then prepared sample impression of the seal used on a chit Ex. P/1 and the seal, after use was handed over to the Head Constable Jagdish Singh (PW-3). From the personal search of the accused, a sum of Rs. 6,000/-, driving licence, a chit regarding transfer of R.C. of the scooter bearing Registration No. PEB 9528 and one wrist watch (make-Seiko) were recovered which were also taken into possession vide memo Ex. P/C which was attested by Head Constable Jagdish Singh (PW-3) and signed by the accused. After that, a ruqa Ex. P/D was sent to the Police Station for the registration of the case whereupon, formal FIR Ex. PD/2 was registered by SI Shinder Pal Singh (PW-4). Investigating Officer then also prepared a rough site plan Ex. PE of the place of recovery with correct marginal notes and then recorded statements under Section 161 of the Code of Criminal Procedure of the prosecution witnesses.

(3.) On return to the Police Station, ASI Kuldip Singh (PW-5) produced the appellant and case property before SI Shinder Pal Singh, who was then S.H.O.. Police Station, Jagraon. In turn, he also interrogated the appellant and verified the investigation and then affixed his own seal bearing impression "SS" on the sample, parcel as well as remaining bulk opium Ex. P/2. After that, he deposited the case property with MHC Jasbir Singh (PW-2). On receipt of the report Ex. P/F of Chemical Examiner and completion of the formal investigation of the case, the appellant was challaned under Section 18 of the Act. The appellant was charge-sheeted in this case on 5-2-1991 to which he pleaded not guilty and claimed trial. The appellant was tried, convicted and sentenced as indicated in the opening part of thisjudgment. At the same time, after pronouncing the order of sentence on 30-8- 1991, appellant was also ordered to be served with a show cause notice as to why his scooter bearing Registration No. PBE- 9528 be not confiscated to the State of Punjab. Thereupon the appellant filed his reply and ultimately, proceedings were initiated against him under Sections 60(3) and 63 of the Act for the confiscation of the aforesaid scooter. It was vide order dated 31-10- 1991 that the aforesaid scooter of the appellant was ordered to be confiscated to the State of Punjab. This is how, feeling aggrieved against the aforesaid impugned orders of conviction and sentence as well as confiscation of scooter to the State of Punjab, the appellant has come up in these two appeals.