JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 22.09.2005 vide which accused-appellant Jagjit Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter to be referred as 'Act') and the order of sentence dated 24.09.2005, vide which the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac, in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts of the prosecution case are that on 26.12.2001, PW-4 SI Major Singh, the then Incharge CIA Staff, Ferozepur along with other police employees was holding a Naka at the bridge of canal in the area of village Katora under the jurisdiction of Police Station Zira. An oil tanker bearing registration no. PB-10-G-9902 came from the side of village Katora. The Investigating Officer signalled it to stop. Accused Gurjit Singh (since Proclaimed Offender) was driving the tanker, whereas appellant-Jagjit Singh was sitting by his side in the tanker. Both of them were nabbed by the police officials. SI Major Singh apprised the accused that he suspected some intoxicant in the aforesaid tanker, which was to be searched. They have legal right to opt their search either in the presence of some Magistrate or some Gazetted Officer. The accused opted their search in the presence of some Gazetted Officer. The memo to this effect Ex.P-9 and Ex.P-10 were reduced into writing, which were signed by the accused and attested by the witnesses. Thereafter, SI Major Singh informed PW-1 DSP, Hardev Singh, Ferozepur to reach at the spot through wireless message. DSP Hardev Singh reached at the spot. He also questioned the accused and apprised them about their legal right for their search in his presence or in the presence of some Magistrate. Both the accused opted for their search in the presence of PW-1 DSP, Hardev Singh. For which the consent memos Ex.P1 and Ex.P-2 were reduced into writing and were also signed by the accused. Thereafter, under the directions of DSP Hardev Singh, SI Major Singh carried out the search of the tanker, which led to the recovery of 140 bags of glazed paper in three different compartments of the tanker from which the poppy husk was recovered. SI Major Singh separated 2 samples of 200 gms each from each bag. The remaining poppy husk in each bag was found to be 19 kg 600 gms. The sample parcels and remainder poppy husk in those very bags were sealed with the seal bearing impression 'MS' by the Investigating Officer. DSP Hardev Singh also affixed his seal bearing impression 'HS'. The specimen seal impressions were prepared. SI Major Singh handed over his seal after use to PW-5 ASI Jaswant Rai. DSP Hardev Singh retained his seal with him. The entire case property along with the tanker bearing registration no. PB-10-G-9902 was taken into possession by SI Major Singh. The registration certificate of the tanker in question was also recovered from the cabin of the tanker. The same was also taken into possession by the Investigating Officer. The Investigating Officer sent the ruqa Ex.P-14 to the police station. On the basis of which formal FIR Ex.P-15 was registered. He also prepared the site plan of the place of recovery Ex.P-16. The accused was arrested as per law.

(3.) By going to the Police Station, the Investigating Officer handed over the custody of the accused and the case property to PW-3 SI Rajvir Singh, SHO, Police Station Zira, who verified the facts of the case and on satisfaction sealed the case property with his own seal bearing impression 'RS'. He also prepared the specimen impression of his seal. On the next day SI Rajvir Singh produced the case property before the learned Judicial Magistrate, Zira who passed the authentication order Ex.P-10 and directed the police to keep the case property in safe custody. 140 sample parcels were sent to the office of Chemical Examiner. On receipt of the report of the Chemical Examiner and on completion of the investigation, the report under Section 173 Code of Criminal Procedure (for short 'Cr.P.C') was presented in the Court.