NAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in the instant appeal has been laid to the judgment and order of sentence dated 17.11.2003 respectively passed by the learned Judge, Special Court, Mansa whereby the appellant has been convicted for the offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac and in default of payment of fine, he was to further undergo RI for a period of one year.

(2.) THE case set up by the prosecution is this that on the basis of ruqa (Ex. PK) prepared by Gurdev Singh, ASI, Police Station, Joga, Investigating Officer of this case on 20.8.2002 at 5.50 pm in the area of Village Ubha, FIR (Ex. PB) has been recorded in Police Station, Joga against the accused. The Investigating Officer along with ASI Nachhattar Singh, HC Raj Singh 350, C -Gurtej Singh 472 on government Canter No. PB -03B/8526 driven by C -Harwinder Singh in connection with patrol duty was going towards Village Burj Jhabbar, Ubha etc from Police Station, Joga. When the police party reached near the turning of the road leading to Village Burj Jhabbar then Buta Singh son of Dhanna Singh resident of Joga met him per chance. He was joined in the police party. Police party on the pavement of canal minor was going towards village Ubha. When the police party reached near the bridge of pacca water course in the area of village Ubha then on the right side of the pavement of canal minor near the Kikkar tree one person was seen sitting on three bags by lowering himself down, who was apprehended by the Investigating Officer under suspicious circumstances with the help of police officials. On being asked about his whereabouts, he disclosed his name to be Naib Singh son of Harnam Singh, Majbi Sikh, resident of Burj Dhillwan, Police Station, Sadar Mansa. The Investigating Officer told him that the bags lying underneath are suspected to be having some intoxicating substance and he had a full right of his search. Search of the bags, which were in his possession, could be got conducted in the presence of any Magistrate or Gazetted Officer. Upon which, he desired to be searched in the presence of any Gazetted Officer. Consent memo was prepared which was thumb marked by the accused and attested by ASI Nachhattar Singh and Buta Singh. Through wireless set DSP, Sub Division, Mansa, was requested to reach at the spot. After 45 minutes Shri Mukhtiar Singh, DSP, Sub Division, Mansa along with his gunmen in official gypsy reached at the spot. DSP disclosed his identity to the accused and told the accused that he had full right to get his search and search of the bags conducted in presence of any Magistrate or any other Gazetted Officer. He gave consent about search in presence of DSP. Separate consent memo was prepared. Accused affixed his thumb impression. Witnesses attested the same. On the directions of DSP, mouths of the three bags were opened. These were marked as Ex. P1 to P3. Thereafter, from bag No. Ex. P1 two samples of 100 grams each were taken. From bag No. Ex. P2, two samples of 100 grams each were taken. From bag No. 3, two samples of 100 grams each were taken. Two samples were drawn from each recovered bag. One sample was of 100 grams. The samples were marked as A.B in respect of bag No. 1, C,D in respect of bag No. Ex. P2 and E.F in respect of bag No. 3. Each of the bags after weighment came to be 34 kgs 800 grams. All the bags and the samples were reduced into parcels and sealed with the seal bearing impression of letters GS. Sample seal was prepared separately. Seal after use was handed over to Buta Singh independent witness. The case property was taken into possession of the police vide separate recovery memo Ex. PK, which was attested by the witnesses. Ruqa was sent to the Police Station through Constable Gurtej Singh 472 on the basis of which formal FIR against the accused was registered. The accused and the case property were produced before Bhupinder Singh SI/SHO on the same day. After verifying the facts of the case from the accused and the witnesses, he put his seal BS on each sample as well on the case property. The case property was retained by him in the safe custody. On 21.8.2002, he prepared the inventory memo Ex. PC and moved application (Ex. PD) before the learned JMIC, Mansa and then produced the case property, samples and the accused before him. Learned JMIC found all the seal of the case property in intact condition and then ordered for depositing the same in the concerned judicial Malkhana, Mansa. As there was no space in the judicial Malkhana, he kept the case property in his safe custody. On the same day, he filled Form No. 29 (Ex. PE) and handed over the samples along with the sample seal to Head Constable Avtar Singh for depositing the same with the FSL, who got issued docket from the office of SSP, Mansa and deposited the same with the FSL, obtained receipt and then produced the same before SI Bhupinder Singh. Report of FSL (Ex. PF) was obtained. Thereafter, after investigation of the case, the challan was presented in the Court.

(3.) AFTER taking prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded putting all incriminating circumstances appearing against the accused to him to which he pleaded his innocence and false implication.