BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 26.05.2004, passed by the learned Judge, Special Court, Moga, vide which accused-appellant Balwinder 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 dated 27.05.2015, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) As per the prosecution case, on 20.03.1999 PW7 SI Jasbir Singh, (the Investigating Officer) along with other police officials was on patrol duty and they were going from village Kili Chahal to village Chuhar Chak through Katcha passage. When they reached near the railway crossing, the accused-appellant was seen coming from the front side on a scooter and on seeing the police party, he tried to turn back. He was apprehended by the police. Two gunny bags were loaded on the scooter. SI Jasbir Singh informed him that he wants to take search of the bags and that he has legal right of his search in the presence of a Magistrate or a Gazetted Officer. Vide his consent memo Ex.PD, the accused replied that his search be conducted in presence of some Gazetted Officer. Jarnail Singh Dhaliwal, Superintendent of Police (D), Moga was called at the spot through wireless message. In the meantime, Gurcharan Singh son of Lal Singh, resident of Ghalkalan came from the side of village Kili Chahal on a scooter. He was also joined in the police party. Then, in the presence of the S.P. (D), the bags in the possession of the accused were searched, which was found containing poppy straw. Two samples of 250 grams each i.e. one sample from the each bag, were separated. The residue, on weighment, came to be 35 kilograms in each bags. Separate sealed parcels of the samples and the residue were prepared and sealed with seal of the Investigating Officer 'JS' and seal of the S.P. (D) 'JSD' and taken into possession vide seizure memo Ex.PJ. The Investigating Officer entrusted his seal after use to Gurcharan Singh, private witness, whereas the S.P. (D) kept his seal with him. The Investigating Officer sent Rukka Ex.PH to the Police Station. On the basis of which, formal FIR Ex.PH/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PI. Statements of the witnesses were recorded. The accused was arrested vide arrest memo Ex.PG.

(3.) On returned to the Police Station, the Investigating Officer produced the accused, witnesses and case property before ASI Bhinder Singh, the SHO, P.S. Mehna. He verified the facts of the case and affixed his seal 'BS' on the parcels of contraband. Thereafter, the case property was produced before the Illaqa Magistrate vide application Ex.PB. On which, learned Illaqa Magistrate passed his order Ex.PB/1. Sample parcels were sent to the Forensic Science Laboratory, Punjab, Chandigarh for examination. On receipt of the report of the FSL Ex.PJ 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.