SUCHA SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal instituted by Sucha Singh @ Kala - appellant. Appellant was booked for committing an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter to be called as 'NDPS Act'), for keeping in his possession 40 kg. of churra poppy heads without any permit or license. The learned Judge Special Court, Patiala vide judgment dated 10.03.2004 convicted the appellant for the aforesaid offence and by passing order of sentence of even date, sentenced the appellant to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ - with default clause to further undergo rigorous imprisonment for five months.

(2.) As per prosecution case, on 01.09.2001, SI Jagrup Singh along with police officials was present at bus stand village Bhanra in connection with checking of suspected persons. PW Subegh Singh had come across them who was joined in the police party. While they were going to village Langdoi and 1 k.m. ahead of village Bhanra, the appellant was seen coming by scooter No. PCI 2478, carrying a bag on the rear seat of the scooter. On seeing the police party, he tried to retreat but was apprehended on the basis of suspicion. SI Jagrup Singh, told the appellant that he was having a suspicion that the appellant was in possession of some narcotic substance and as such apprised him about his right to get the search conducted before some Gazetted Officer or Magistrate, to which accused exercised his option in favour of a Gazetted Officer. Consent memo. Ex.PC was prepared in this regard. Information was sent to Bhupinderjit Singh Virk, DSP (R), Patiala through wireless who reached the spot. The DSP disclosed his identity to the accused and offered him that the search of his bag could be conducted before any other Gazetted Officer or Magistrate but the appellant reposed confidence in the DSP and his consent statement Ex.PA was recorded to that effect. Thereafter, on the directions of the DSP, search of the bag was conducted by SI Jagrup Singh and poppy husk was found in that bag. Two samples of 250 grams each were taken out from the recovered poppy husk, whereas, the remainder was weighed to 39 kg 500 gms. It was put in the same bag. The samples and the bag were separately sealed with the seal 'JS' and that of DSP bearing impression BS. Samples and recovered poppy husk were taken into possession vide memo. Ex.PB. From personal search of the accused -appellant Rs. 20/ - currency notes were recovered and the same were taken into possession vide memo Ex.PD. Ruqa Ex.PE was sent to the police station for registration of the case whereupon formal FIR Ex.PE/1 was recorded by SI Gurdeep Singh. Rough site plan Ex.PF of the place of recovery was prepared. Special report EX.PH was sent from the spot.

(3.) On reaching the police station; the case property, accused - appellant and Pws were produced before the SHO Inspector Sewa Singh, who verified the facts of the case and affixed his seal bearing impression 'SS' on the parcels and then on his direction SI Jagrup Singh deposited the case property with MHC of the police station with seals intact.