GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant Gurnam Singh has come up in this appeal against the judgment and order dated 6.1.2004 passed by the learned Judge, Special Court, Patiala vide which he has been held guilty for the offence punishable under Section 21(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short - the Act) and convicted thereunder.

(2.) THE case of the prosecution, in brief was that on 8.10.2002, a letter addressed to SHO, Civil Lines, Patiala was received at Police Station Civil Lines, Patiala from Superintendent, Central Jail, Patiala with regard to convict Gurnam Singh lodged in said jail on the suspicion that he is having in his possession intoxicant capsules. If his search be conducted, then the same could be recovered in heavy quantity from his possession. On this ASI Piare Lal, Police Post Tripri, along with some police officials arrived at Central Jail, Patiala and contacted Sh. Gamdoor Singh, Deputy Superintendent, Jail. He took the police officials to 'Murgi Haata' in the premises of said jail, where convict Gurnam Singh was found present. In the presence of witnesses, ASI Piare Lal asked said Gurnam Singh about his search, who expressed his desire that his search be conducted in the presence of DSP Gamdoor Singh. Accordingly, memo with regard to his consent was prepared which was thumb marked by him and attested by the witnesses and certified by the said DSP. Search of Gurnam Singh convict was conducted as per rules, during which 400 capsules make PARVON SPAS wrapped in four plastic envelopes were recovered from the right pocket of his pants and 200 capsules make DOTSY wrapped in two plastic envelopes were recovered from the left packet of his pants. Out of the said recovered capsules of two varieties, 10 capsules each were separated as samples and the remaining 580 capsules were put into a 'dabba' tin. The parcels of the sample capsules and of the remaining capsules were prepared which were sealed by ASI Piare Lal with his seal of PL as well as by above -said DSP with his seal bearing impressions GS and then all these three parcels were taken into police possession vide a memo. Prior to that, sample seal was also prepared. Seals after use were handed over to HC Jaspal Singh. Accordingly, a ruqqa was sent to the police station, on the basis of which instant case under Section 21 of the Act was registered against the accused, since the accused could not produce any licence/permit to keep in his possession above -said intoxicant capsules. The statements of witnesses were recorded. Site -plan of the spot of recovery was also prepared. On returning to police station, the case property along with the accused was produced before the SHO of Police Station, who verified the same. Accused was formally arrested in this case after obtaining requisite permission from the Court concerned. Sample parcels were sent to the office of Chemical Examiner for the chemical analysis. On completion of investigation and on receipt of report of Chemical Examiner, challan was presented in the Court of learned Special Judge, Patiala. Compliance of the provisions of Section 207 of Cr.P.C. was made.

(3.) THE prosecution in order to prove its case examined as many as six witnesses in total before the learned trial Court.