BAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 7th November, 2003 passed by the learned Judge, Special Court, Sangrur, whereby the appellant has been convicted for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short referred as the 'NDPS Act') and sentenced to undergo rigorous imprisonment for 8 months and to pay fine of Rs. 2000/ - and in default, to further undergo rigorous imprisonment for one month. The period for which the appellant has already remained under detention during the trial proceedings was ordered to be set off against the substantive sentence.

(2.) THE prosecution case, as unfurled, is that on 11th March, 1999 ASI Sukhdev Singh, SHO, P.S. City, Sunam along with HC Gurjant Singh and other police officials was out on patrolling duty in an official vehicle bearing registration No. PB -13 -B -1583, being driven by Constable Mann Singh and was proceeding from Rest House, Sunam towards Sheron crossing, when the police party reached at the bridge of seepage drain, in the area of town Sunam, accused was sighted coming from the side of Lakhmirwalla road, carrying a white bag, who on seeing the police party got perplexed and tried to back track. On suspicion, accused was apprehended by the Investigating Officer with the help of other members of the police who were accompanied. In the meanwhile PW Sukhdev Singh s/o Puran Singh, Jat resident of Village Ugrahan came there, who was associated with the police team. Being interrogated, name of the accused came to be known as Bawa Singh son of Yupa Singh, resident of Balianwali, P.S. Sadar, Mansa. Investigating Officer told the accused that he is suspected of carrying some intoxicant in the bag and search of the same was to be conducted and if he so desired then any Gazetted Officer or Magistrate could be called at the spot. Since appellant reposed confidence in the Investigating Officer, as such, consent statement of accused EX.PB was recorded, which was thumb marked by accused and attested by PW Sukhdev Singh and HC Gurjant Singh. When bag of the appellant was searched, poppy husk was found. 250 grams of poppy husk packets were prepared for examination and remaining poppy husk to the extent of 7.5 kg were kept in the bag and seized in accordance with sealing procedure.

(3.) THE prosecution in order to substantiate the charge, examined as many as 7 witnesses. The prime witnesses are PW -2 -Investigating Officer [Sukhdev Singh -ASI] and PW -7 -Independent witness - [Sukhdev Singh]. The accused -appellant took the plea that PW -7 was brought as witness, since he was cited as witness in other cases also. Therefore appellant was falsely implicated in the case and there was no recovery effected from him. The defence in support of its stand examined Ex. D1 and Ex. D2.