GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal at the instance of the appellant is directed against the judgment of conviction and the order of sentence dated 14.8.2012 passed by the learned Judge, Special Court Patiala, whereby he has been sentenced to undergo RI for eight months and also to pay fine of Rs.1,000/-, in default whereof to undergo further RI for a period of two months for commission of an offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) As per the prosecution story, on 22.3.2010 ASI Nirmal Singh along with his companion police officials was proceeding from village Adalatiwala towards village Binjal in connection with patrol duty. At about 2.00 p.m., upon crossing bridge of Tangri river towards village Adalatiwala, one Sikh gentleman was spotted coming on foot. On seeing the police party, the suspect sat on his left side pretending to urinate. On suspicion, ASI Nirmal Singh with the help of other police officials intercepted him, who, on inquiry, disclosed his name as Gian Singh and also disclosed the other particulars. ASI Nirmal Singh disclosed his apprehension to the suspect that he was carrying some contraband for which he intends to conduct his personal search. Gian Singh was also apprised of his statutory right to get the search effected from a Gazetted Officer or a Magistrate. However, Gian Singh confided in ASI Nirmal Singh and desired to get the search conducted in his presence upon which consent memo was separately prepared. Thereafter, search by ASI Nirmal Singh led to recovery of opium wrapped in a glazed paper from the side pocket of the shirt which Gian Singh was wearing. Two samples of 10 grams each were separated and the remaining opium weighed 380 grams. Thereafter necessary formalities as required under the Act were fulfilled and the case property along with the accused, samples and sample seal bearing impression 'NS' were produced before Inpsector Chand Singh, SHO, PS Julkan. Formal FIR was registered at the Police Station.

(3.) During the course of investigation, one sample was sent to the office of the Chemical Examiner who opined the contents thereof to be opium. Thereafter, the accused was sent to stand trial for an offence under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985. On completion of investigation, the accused was charge sheeted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sent to face trial to the Court of Special Judge.