JASMEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 09.07.2004, passed by the learned Judge, Special Court, Patiala, vide which accused-appellant Jasmel Singh 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.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) As per the prosecution case, on 04.06.2003 PW1 Sub Inspector Ranjit Singh, the Investigating Officer of the case, along with other police officials was on patrol duty. When they reached village Bauran Khurd, Gurcharan Singh Lambardar met them and he was also joined in the police party. From there, they proceeded on their scooters and reached near the scooter factory. Where accused Jasmel was seen coming carrying a bag of blue colour in his hand. On seeing the police party, he tried to slip away. On the basis of suspicion, he was apprehended. The accused was given option to get his search conducted before a gazetted officer or the magistrate but he reposed confidence in SI Ranjit Singh. The bag carried by the accused was checked. It was found containing two bags of polythene filled of chura poppy heads. Two samples of 250 grams each were separated from each bag and the residue came to be 71/2 kilograms. The samples as well as residue were sealed in separate parcels with the seal bearing impression 'RS' and all these articles were taken into possession vide recovery memo Ex.PA. The seal after use was handed over to Gurcharan Singh, Lambardar. The accused was arrested vide arrest memo Ex.PB. Ruqqa Ex.PE was sent to the police station. On the basis of which, formal FIR Ex.PE/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PF.

(3.) On return to the police station, the Investigating Officer produced the accused along with the case property and the witnesses before Harbhajan Singh, SHO, who verified the case property and put his seal bearing impression 'HS' on the parcels of the case property. On the next day, case property was produced before learned Illaqa Magistrate vide application Ex.PG. Learned Illaqa Magistrate, after verifying the case property, passed the order Ex.PG/1. The sample was sent to the Chemical Examiner for examination and vide report Ex.PH, the same was found to be of churra poppy husk. After completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') was presented in the Court.