AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above noted criminal appeal has been filed by appellant Avtar Singh alias Tari, who was accused before the learned trial Court, against the judgment and order of sentence dated 1.7.2005 passed by the learned Judge, Special Court, Patiala vide which he was held guilty for the offence punishable under Sec. 15(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short - the Act) in criminal case bearing FIR No. 188 dated 6.8.2003, Police Station Patran, District Patiala and convicted thereunder.

(2.) The case of the prosecution as put forth during the trial of the case, in brief, was that on 6.8.2003, Tarsem Singh ASI of Police Station, Patran along with ASI Gurpartap Singh and other police officials was present at the turning point of village Deogarh on Patran -Jakhal road in connection with special nakabandi. One Chajju Ram, Ex -Member, Panchayat of village Hamjhari came there with whom the said ASI Tarsem Lal was talking. At about 8:00 p.m., there came one Contessa car bearing No. DL2CG -1746 from the side of village Hamjhari which stopped at some distance from the naka point on seeing the police party. One Hindu gentleman alighted from this car who was identified as Avtar Singh alias Tari son of Parsan Singh, resident of village Kahangarh, P.S. Patran by H.C. Amrik Singh. H.C. Amrik Singh asked from him the reason for stopping the vehicle, who in reply said "the vehicle has gone out of order" and went back at once. He was waited for some time, but he did not turn up. Thereafter, the search of this car was conducted on the basis of suspicion and during its search two filled bags lying on rear seat and three filled bags from the dicky of the car were recovered. On checking, these bags were found containing poppy -husk. Two samples weighing 250 gms. each were separated from each of the bags and the remaining contents of each of the bags on weighment were found to be 34.5. kgs. All the above -said sample parcels and the five bags containing the remaining poppy -husk were sealed by ASI Tarsem Lal with his seal of 'TL'. Specimen seal was prepared separately. Thereafter, above -said all the sample parcels and five bags containing remaining poppy -husk duly sealed were taken into police possession vide a memo along with the above -said car. Accordingly, ruqqa was sent to the police station, on the basis of which the instant case under Sec. 15(c) of the Act was registered against the accused since he could not produce any licence to keep the said narcotics in his possession. Site -plan of the place of recovery was prepared. No document of above -said car was recovered on checking from its dash board. On return to police station, case property was produced before the concerned SHO and was deposited with MHC. On the next date, it was also produced before the Court concerned. Statements of witnesses were recorded. Later on, the appellant -accused was arrested in this case on 16.12.2003 and grounds of arrest were also disclosed to him. On receipt of report of Chemical Examiner as well as on completion of investigation, challan was presented before the Special Court, Patiala.

(3.) Copies of all the documents as annexed with the challan were supplied to the accused as required under the provisions of Sec. 207, Cr.P.C. Further, he was charge -sheeted for the offence punishable under Sec. 15(C) of the Act, to which, he pleaded not guilty and claimed trial.