SUBHASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 01.03.2004, passed by the learned Judge, Special Court, Patiala, vide which accused-appellant Subhash has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after called 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 one year and to pay a fine of Rs.2000/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) As per the prosecution case, on 15.09.2001, Assistant Sub Inspector Tek Singh along with other police officials was going on scooter from village Rohti bridge towards Rohti Khas in connection with patrolling. When they reached near the canal rest house, one person was seen coming from the turning of village Rohti road. He was carrying a gunny bag on his head. On seeing the police party, he tried to retreat. On suspicion, he was apprehended. On inquiry, he disclosed his name as Subhash son of Gurmeet. ASI Tek Singh stated him that he wants to take search of the bag. The Investigating Officer also informed the accused that he has legal right of his search in the presence of a Magistrate or a Gazetted Officer. Vide his statement Ex.PE, the accused replied that his search be conducted in presence of some Gazetted Officer. Parduman Singh happened to be present there per chance. He was also joined and he attested the statement Ex.PE. Harminder Pal Singh, Deputy Superintendent of Police, Nabha was called at the spot through wireless message. Vide his consent memo Ex.PA, the accused opted his search to be conducted in the presence of DSP. Then, in the presence of the DSP, the bag in the possession of the accused was searched, which was found containing chura poppy heads. Two samples of 250 grams each were separated. The residue, on weighment, came to be 25 kilograms and 50 grams. Separate sealed parcels of sample and the residue chura poppy heads were prepared and sealed with seal of the Investigating Officer 'TS' and seal of the DSP 'HPS' and taken into possession vide seizure memo Ex.PB. The Investigating Officer sent Rukka Ex.PG to the Police Station. On the basis of which, formal FIR Ex.PG/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PH. Statements of the witnesses were recorded. The accused was arrested. On returned to the Police Station, the Investigating Officer produced the accused, witnesses and case property before SI Lakhbir Singh, the SHO. He inquired from the accused and witnesses and verified the case property and affixed his seal 'LS' on the parcels and sample seal chit. The case property was deposited in the Malkhana. On the next day, the case property was produced before the Illaqa Magistrate vide application Ex.PK. On which, learned Illaqa Magistrate passed his order Ex.PK/1. Sample parcels were sent to the Forensic Science Laboratory, Chandigarh for examination. On receipt of the report of the FSL Ex.PL and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after called the 'Cr.P.C.') was presented in the Court.

(3.) The accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 29.01.2002 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.