CHHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Chhinder Singh has filed the present appeal against the judgment of conviction dated 06.08.2004 and order of sentence dated 07.08.2004, passed by the learned Special Judge, Ferozepur, vide which he has been held guilty for the commission of offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs. 3,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under the aforesaid Section. Brief facts of the prosecution case are that on 05.03.1996, ASI Joginder Singh alongwith other police officials was going in a mini bus No.PIC-2913, driven by Constable Lal Chand from Village Patti Sadiq towards bridge canal Chimar Khera via kacha rasta in connection with patrol duty and when they reached near the bridge in the area of Village Patti Sadiq, the accused Chhinder Singh was seen coming on a bicycle from opposite side, who, on seeing the police party became perplexed and turned his cycle towards his left side. On suspicion, he was apprehended by ASI Joginder Singh with the help of other police officials. The accused was carrying a small bag(gatta) on the carrier of his cycle. An offer was given to accused by ASI Joginder Singh whether he wanted to get his search conducted in the presence of gazetted officer, Magistrate or from him. The accused stated that he has no objection if the search is conducted by ASI Joginder Singh, Investigating Officer. Then, as per rules, search was conducted. Poppy husk was recovered from the said bag, which on weighment, came to 15 kgs. 100 grams poppy husk was separated as sample. Sample parcel as well as bulk parcel were sealed with the seal bearing impression 'JS" of ASI Joginder Singh, Investigating Officer, and were taken into police possession. Ruqa was sent to the police station on the basis of which FIR was registered. The accused was arrested. Statements of witnesses were recorded. Rough site plan was prepared. On return to the police station, the case property, accused and witnesses were produced before SI Babu Ram, SHO, who, again sealed the parcels with his own seal bearing impression 'BR' and the case property was deposited with MHC. After necessary investigation, challan against the accused was presented.

(2.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Section 15 of the Act to which he pleaded not guilty and claimed trial. Earlier, the accused was absented and he was declared as proclaimed offender but lateron, on his arrest, supplementary challan was presented against him in the Court.

(3.) The prosecution, in support of its case, examined PW1 SI Babu Ram, who was posted as SHO on 05.03.1996, before whom the case property and the accused were produced to verify the investigation and to seal the case property. PW2 Constable Satpal Chand is a formal witness, who tendered into evidence his affidavit Ex.P9. PW3 ASI Joginder Singh, Investigating Officer mainly deposed regarding the investigation in the present case and the recovery of poppy husk from the accused. PW4 ASI Hari Chand, who was with the police party, headed by ASI Joginder Singh, deposed regarding the recovery from the accused.