MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Manjit Singh has filed the present appeal against the judgment of conviction dated 31.07.2004 and order of sentence dated 02.08.2004, passed by the learned Special Judge, Moga, vide which he has been held guilty for the commission of offence punishable under Section 15 (b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs. 50,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under the aforesaid Section. Brief facts of the prosecution case are that on 23.08.2002, when ASI Nirmal Singh alongwith other police officials was present on the bridge of Canal Minor in the area of Village Mander for checking of ante-social elements and search of proclaimed offenders, three persons carrying plastic bags on their heads came from the side of village Daulewala and tried to cross the bridge. On suspicion, they were signalled to stop but they tried to slip away towards different sides. The accused was apprehended by ASI Nirmal Singh with the help of his police party whereas the other persons namely Mukhtiar Singh and Jagtar Singh were apprehended by the police party of ASI Harjit Singh and ASI Mohinder Singh regarding which separate proceedings were conducted. Accused Manjit Singh was told that police party is having suspicion that some intoxicant substances is there in the bag being carried on his head.

(2.) He was asked whether he wanted to get searched the bag in the presence of ASI Nirmal Singh or Gazetted Officer or Magistrate. Accused reposed confidence in ASI Nirmal Singh. In the meantime, Sewak Singh and Chhinder Singh came there and joined the police party. ASI Nirmal Singh got conducted the search of the gunny bag and recovered the poppy straw from it. 250 grams poppy straw was separated as sample and remaining poppy straw came to be 9 kg 750 grams. Separate parcels of the sample as well as the bulk were prepared and sealed with the seal bearing impression 'JS' of ASI Nirmal Singh. Case property was taken into police possession. Site plan was prepared and statements of witnesses were recorded. Accused were arrested. Ruqa was sent to the police station on the basis of which FIR was registered.

(3.) On presentation of challan, copies of challan and other documents was supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Section 15 of the Act to which he pleaded not guilty and claimed trial. The prosecution, in support of its case, examined PW1 ASI Mohinder Singh, who produced the accused and case property before the Court of learned Judicial Magistrate Ist Class, Moga. PW2 ASI Suba Singh conducted the partial investigation. PW3 Head Constable Kuldip Kumar is a formal witness, who deposed regarding depositing the case property. PW4 Kirpal Singh, SHO, deposed regarding the verification of the investigation. PW5 Constable Jagjit Singh is a formal witness, who tendered into evidence his affidavit Ex.PE. PW6 Head Constable Sukhdev Singh deposed regarding the investigation of the present case as he joined the police party headed by ASI Nirmal Singh. PW7 ASI Nirmal Singh, Investigating Officer, deposed regarding the investigation of this case. PW8 Constable Gurmej Singh is a formal witness, who tendered into evidence his affidavit Ex.PK.