CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT had faced the trial in FIR No. 105 dated 1.8.2004, registered at Police Station Sultanpur Lodhi.

(2.) PROSECUTION story, in brief, is that on 1.8.2004, Assistant Sub Inspector ('ASI' for short) Tirath Singh and ASI Iqbal Singh were present on patrol duty on Talwandi Madhopur path near the sand blocks. Gurbachan Singh was joined with the police party. In the meantime, appellant came on a scooter from Talwandi Madho side. On seeing the police party, appellant threw his scooter and tried to run away but was apprehended on the basis of suspicion. Appellant was apprised that the bags lying on the scooter, were to be searched as the police party suspected that it contained some narcotic substance and he had the right to get the search of the bags effected in the presence of a gazetted officer or a Magistrate. Appellant stated that the bags be searched in the presence of a gazetted officer. In this regard, consent memo of the appellant was prepared. Deputy Superintendent of Police ('DSP" for short) Kulwinder Singh was requested to reach the spot. DSP introduced himself to the appellant. Appellant reposed confidence in the DSP and consent memo in this regard was prepared. On search of the bags, poppy husk was recovered. Each bag contained 35 kilograms poppy husk. Bags were made into sealed parcels and were sealed with seal bearing impression 'TS' (seal of ASI Tirath Singh) and 'KS' (seal of DSP Kulwinder Singh). The parcels were taken in possession. Rough site plan of the place of recovery was prepared. Ruqa was sent to the police station for registration of the FIR. Appellant was arrested and his personal search memo was prepared. Scooter bearing No. PB -33 -4895 was taken in possession. The case property was produced before Station House Officer ('SHO' for short) Ram Dutt by ASI Tirath Singh on return to the police station. SHO deposited the case property with MHC Manjit Singh. On the next day, ASI Tirath Singh accompanied SHO Ram Dutt to the Court and the appellant was produced before the Magistrate along with the case property. Samples were drawn from the bags and were sealed by the Magistrate with his seal bearing impression 'GS'. Thereafter, the case property was redeposited with MHC Manjit Singh. Appellant remained in police remand till 4.8.2004. While in police custody, on 4.8.2004, appellant during interrogation by ASI Tirath Singh, in the presence of Head Constable Sharanjit Singh, disclosed that he had kept concealed two bags of poppy husk on the left side of the government tubewell near the road leading from Toti to Sherpur and offered to get the same recovered. On the basis of the disclosure statement made by the appellant, the bags were recovered from the disclosed place. Each bag contained 30 kilograms of poppy husk. The bags were made into sealed parcels and were sealed with seal bearing impression 'TS'. The bags were taken in possession. On return to the police station, appellant along with the bags was produced before SHO Ram Dutt. The bags were sealed by the SHO with seal bearing impression 'RD' after verifying the facts. SHO deposited the case property with MHC Manjit Singh. On the next day, the case property was taken by ASI Tirath Singh and the same was produced by ASI Tirath Singh and SHO before the Court and samples were drawn from the recovered bags. The case property as well as the sample parcels were sealed by the Magistrate with his seal bearing impression 'GS'. Thereafter, the case property was redeposited by ASI Tirath Singh with MHC Manjit Singh along with two sample parcels weighing 250 grams each duly sealed with the seal baring impression of the Area Magistrate along with specimen seal impression.

(3.) CHARGE was framed against the accused under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short).