MUKHTAIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal has been preferred by appellant -Mukhtair Singh (accused) against the judgment and order of sentence dated 10.02.2009 passed by Judge Special Court, Ludhiana in criminal case bearing FIR No. 110 of 2002, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act), Police Station Sudhar, District Ludhiana vide which he was held guilty under Section 15 of the Act and sentenced thereunder.

(2.) THE case of the prosecution in nut -shell before the learned trial Court was that on 23.10.2002, police party of ASI Amar Singh, In -charge Police Post Jodhan was present in the area of drain -bridge, village Mansooran where accused -appellant came from the side of village Dolon Kalan on a Moped bearing registration No. PB10 -AX -3644 make Panther, while carrying two filled gunny bags on it. He was intercepted by the police party on the basis of suspicion. In the meantime one Kala son of Surjit resident of Ahmedgarh also came there and he was associated in the police party. ASI Amar Singh told him (accused -Mukhtiar Singh) that search of his bags is to be conducted since he suspects some contraband in the same and offered him that if he so desires then some Gazetted Officer or Magistrate could be called at the spot. Thereupon the accused expressed his desire that his search be conducted by some Gazetted Officer. Accordingly his dissent statement was recorded. Then on the request of ASI Amar Singh, Sh. H.S. Brar, Deputy Superintendent of Police, Halqa Raikot, reached at the spot, who also disclosed his identity to the accused. He further told him that he wants to conduct search of his bags and that if he desires that the search of his bags is to be conducted through any other Gazetted Officer or Magistrate, then arrangement thereof could be made. But he reposed confidence in him (DSP, H.S. Brar) and accordingly his consent memo was prepared. Then as per direction of DSP, H.S. Brar; ASI Amar Singh conducted the search of bags of the accused, which were found containing poppy husk, regarding which the accused could not produce any license or permit. Then two samples measuring 250 grams each were separated from each of the said bags and the remaining contents of each of which on weighment were found to be 34 1/2 kilograms. The abovesaid all the sample parcels and the gunny bags containing remaining poppy husk were sealed by ASI Amar Singh and DSP H.S. Brar with their respective seals bearing impressions "AS" and "HS" and the same were taken into police possession vide a memo along with abovesaid Moped and rubber tube. Specimen seal was also prepared separately. ASI Amar Singh handed over his seal to Kala Singh, whereas DSP H.S. Brar kept his seal with him. Accordingly ruqa was sent to the Police Station, on the basis of which instant case was registered. Accused was formally arrested in this case after disclosing him grounds of his arrest. Site plan of the place of recovery was prepared. On returning to the Police Station, case property as well as accused were produced before the Station House Officer, who also checked the case property and verified the facts of the case. On the next date, case property was produced along with accused before the Illaqua Magistrate/Duty Magistrate. On the completion of investigation, challan against the accused was presented in the Court of Judge Special Court, Ludhiana.

(3.) FINDING a prima facie case under Section 15 of the Act against the accused, he was chargesheeted accordingly to which he pleaded not guilty and claimed trial.