KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 19.05.2004, passed by the learned Judge, Special Court, Sangrur, vide which accused -appellant Kulwant Singh alias Gudu has been held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred as to 'the 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 three years and to pay a fine of Rs. 20,000/ -, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) AS per the prosecution case, on 02.07.1998 PW1 Inspector Tale Ram Singh (the Investigating Officer of the case) along with other police officials was returning in the government vehicle after patrolling from village Daulatpur to Dhuri through metalled road. One Dharam Singh son of Bhajan Singh, resident of Kakarwal met the police party. He was also joined in the police party. When the police party reached on the bridge of drain near village Daulatpur, they saw the accused -appellant coming on foot from the side of Dhuri town. The accused -appellant on seeing the police party got perplexed and turned on the bank of drain towards his right side. He was apprehended. The Investigating Officer asked the accused -appellant that he suspected some intoxicant with him. The accused was apprised of his right to get his search conducted in presence of a magistrate or a gazetted officer. Vide memo Ex. P2, the accused -appellant opted to get his search conducted in the presence of some gazetted officer. The Investigating Officer sent a wireless message to the Deputy Superintendent of Police, Dhuri, requesting him to reach at the spot. DSP Rajbachan Singh Sandhu reached at the spot. In his presence, search of the accused -appellant was conducted and from the right pocket of his pants, opium wrapped in a glazed paper was recovered. Two samples of 10 grams each were taken out of the same and put into two small boxes. On weighment, the residue was found to be 480 grams. The samples as well as the residue were converted into separate parcels and were sealed with the seals of the Investigating Officer and the DSP bearing impressions 'TR' and 'RS', respectively. Separate sample seal chit Ex. P1 was prepared and the seals, after use, was handed over to ASI Satnam Singh. All the aforesaid parcels were taken into possession vide recovery memo Ex. P3, which was attested by the witnesses. Ruqqa Ex. P5 was sent to the police station and on the basis of which, formal FIR Ex. P6 was registered. Rough site plan Ex. P8 of the place of recovery was prepared. On return to the police station, the case property was deposited with the Mohrir Head Constable.

(3.) THE accused -appellant was charge -sheeted for the offence punishable under Section 18 of the Act vide order dated 19.01.2004 by the learned trial Court, to which the accused -appellant pleaded not guilty and claimed trial.