WAZID SABRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 09.03.2004 passed by learned Judge, Special Court, Ludhiana, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 18 of the NDPS Act.

(2.) The brief facts of the case are that on 19.02.1999, police party headed by ASI Rulda Singh along with police officials and Jatinder Singh, a private witness, was going from the side of Fereozepur road towards village Jhande in connection with search of suspects and when they crossed railway crossing, accused was seen coming from the side of village Threekay carrying a steel pot (dolu) in right hand. On seeing the police party, he at once kept the dolu in bushes and tried to turn back. On suspicion, he was apprehended. He was asked to lift dolu from the bushes. Smell of opium like substance was coming from the dolu. On this, ASI Rulda Singh told the accused that he suspects some contraband in the dolu and if he desired, then gazetted officer or Magistrate can be called for the purpose of search. On this accused opted for search from higher official. ASI Rulda Singh sent a message to DSP Paramjit Singh Khera, who came on the spot. DSP disclosed his identity to the accused and further told him that he wants to conduct search of his dolu and if he so desires, then search could be conducted in the presence of other gazetted officer or Magistrate, but accused reposed confidence in him. On the directions of DSP Paramjit Singh Khera, ASI Rulda Singh conducted search of the dolu and from it opium wrapped in a glazed paper was recovered. On weighment, opium came to 2 kgs. Out of if, two samples of 10 grams each were separated and converted into two separate parcels. The remaining opium was put in the same dolu and converted into separate parcel. All the parcels were sealed by DSP Paramjit Singh Khera with his seal bearing impression 'PS'. Sample seal/chit was also prepared. The case property was taken into possession by the Investigating Officer. Ruqa was sent to the police station, on the basis of which FIR Ex.PD/1 was registered. The Investigating Officer prepared rough site plan. Statements of the witnesses recorded. Accused was arrested.

(3.) On return to the police station, the Investigating Officer produced accused and case property before SHO Rajeshwar Singh, who verified the facts of the case and further sealed the case property with his seal bearing impression 'RS'. Thereafter, ASI Rulda Singh deposited the case property with MHC Baldev Singh on the same day with seals intact. On next day, after producing the case property in the Court, it was again deposited with MHC with seals intact. After receiving report of Chemical Examiner and on completion of investigation, challan was presented against the accused.