NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 18.11.2005 passed by the learned Judge, Special Court, Sangrur, vide which accused-appellant Nirmal Singh has been held guilty and convicted for the offences punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'NDPS Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) The brief facts giving rise to this prosecution are that on 05.01.1998 PW2 SI Gurdev Singh along with other police employees was present on the bridge of minor canal on the Kacha path leading from village Biggarwal to Khadial, in the area of village Khadial. PW1 Jora Singh met there. They were just talking, in the meanwhile, the present accused came from the side of Khadial on a mare, having Khurjies (saddlebag) on both the sides of mare. On seeing the police party, he got perplexed and tried to turn back the mare. On suspicion, the accusedappellant was apprehended with the help of the fellow police officials. The accused was got down from the mare and he disclosed his identity. Suspecting some intoxication in the Khurjies of military colour, SI Gurdev Singh served the notice Ex.PA expressing his desire to take the search and giving an option to the accused that if he wants arrangements of a Gazetted Officer or a Magistrate can be made to come present for carrying out the search. Accused appellant opted for his search in the presence of a Gazetted Officer. SI Gurdev Singh sent wireless message from his official jeep for sending some Gazetted Officer at the spot. On receipt of the said message, PW3 Amarjeet Singh, the then DSP Moonak reached at the spot. He disclosed his identity to the appellant, then on the direction of the DSP, SI Gurdev Singh carried out the search of the Khurjies after getting down the same from the mare. On checking, the same was found containing poppy husk in both the sides of Khurjies. Two samples of 250 grams, each, from both side of Khurjies, total four samples, were separated and were kept in the sealed parcels. On weighment, 13.5 Kg. poppy husk was found in one side of Khurji and 11.5 Kg. poppy husk was found in the second side of Khurji. A separate parcel of the residue of the poppy husk was prepared. All the parcels were sealed by the Investigating Officer with his seal with impression 'GS'. The seal after use was handed over to PW1 Jora Singh. The aforesaid articles were taken into possession vide memo Ex.PB. Accused was arrested. The mare and saddle etc. were taken into possession vide memo Ex.PD. The Investigating Officer prepared the rough site plan of the place of occurrence Ex.PJ. He sent ruqqa Ex.PH to the police station. On the basis of which, formal FIR Ex.PH/1 was registered.

(3.) On further interrogation, accused suffered disclosure statement Ex.PK. In pursuance of the said disclosure statement, he got recovered three bags containing poppy husk concealed in the field of Chand Singh son of Inder Singh resident of Khadial. Two samples of 250 grams, each, were separated from all the three bags. Residue poppy husk came to be 27 Kg. in each bag. The separate sealed parcels of all the six samples and three bags containing remaining poppy husk were prepared and were sealed with seal bearing impression 'GS'. Seal after use was again entrusted to PW1 Jora Singh. All these articles were taken into possession vide memo Ex.PL. The Investigating Officer prepared the rough site plan of the place of recovery Ex.PM. The sample parcels were sent to the Chemical Examiner for examination. The report of the Chemical Examiner Ex.PN was received and on completion of the investigation, the report under Section 173 of the Code of Criminal Procedure (hereinafter called the 'Cr.P.C.') was presented.