RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 21.07.2004, passed by the learned Judge, Special Court, Amritsar, vide which accused-appellant Rachhpal Singh has been held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) As per the prosecution case, on 09.12.1998 PW2 Sub Inspector Malkiat Singh, (the Investigating Officer of the case) along with other police officials was going from Bhikhiwind towards Marri Gaur Singh and Chung in connection with patrolling. When they reached near the turning of metalled road, Tara Singh, Member Panchayat of village Bhai Ladhu met them and he was associated in the police party. In the meantime, accused-appellant, while carrying a bag in his right hand, was seen coming from the side of Algon. On seeing the police party, he tried to slip away. On suspicion, the Investigating Officer apprehended him and asked him that he was suspected of having some intoxicant in his possession, so his search was to be conducted. If he wanted, a magistrate or a gazetted officer could be called at the spot for the purpose of search. Vide his consent memo Ex.PA, he opted his search to be conducting in the presence of some gazetted officer. PW4 Amarjit Singh Bajwa, Deputy Superintendent of Police, Bhikhiwind was called at the spot. In his presence, the search of accused-appellant was conducted and 500 grams opium, wrapped in a glazed paper, was recovered from the bag being carried by the accused-appellant. One sample of 50 grams was separated and put in a small plastic box. Separate parcels of the sample and residue opium were prepared and sealed by the Investigating Officer with his seal bearing impression 'MS'. Sample seal chit was also prepared. The sealed parcels and sample seal chit were taken into possession vide separate recovery memo Ex.PB. The seal after use was handed over to SI Gurcharan Singh. Ruqqa Ex.PD was sent to the police station. On the basis of which, formal FIR Ex.PD/1 was registered. The Investigating Officer prepared the site plan Ex.PE of the place of recovery. The accused was arrested vide memo Ex.PF. Sample parcel was sent to the Chemical Examiner, Amritsar for examination. On receipt of the report Ex.PG of the Chemical Examiner and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after referred to as 'Cr.P.C.') was presented in the Court.

(3.) In order to substantiate its case, the prosecution examined as many as four witnesses.