PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2nd February, 1995, passed by the Additional Sessions Judge: Amritsar, in the case FIR No. 37, dated 22nd April, 1992, registered at P.S. Goindwal Sahib under Section 15 of the Narcotic Drugs and Psychotropic Substances Act 1985 (in short, the Act). Vide judgment, the learned Additional Sessions Judge, Amritsar, convicted both the appellants under Section 15 of the Act and sentenced each one of them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac and in default of payment of fine, each one of them is to undergo rigorous imprisonment for two years.

(2.) As per the prosecution story, on 22nd April, 1992 S.H.O. of Police Station Goindwal Sahib along with certain other Police Officials was present on the minor canal bridge at Chak Mehir in connection with patrolling and detection of bad elements, and at that time, the appellants were seen coming from the opposite side having gunny on their heads. It is further alleged that on seeing the police party, the appellants, Ranjit Singh, threw away the gunny bag and succeeded in running away but appellant Paramjit Singh was apprehended at the spot. Appellant Ranjit Singh was, however, known to the S.H.O. and two other members of the party, and as such, he was identified. It is further all that the appellant Paramjit Singh was informed by the said S.H.O. about his right to get the search conducted in the presence of a Gazetted Officer or Magistrate but Paramjit Singh reposed confidence in the S.H.O. who conducted the search and 15 Kgs. of poppy husk was recovered from the gunny bag which he was carrying on his head: It is further alleged that 250 grams of poppy husk was taken out as sample from the recovered poppy husk and two parcels, namely one of the sample and other of the remaining poppy husk Exhibit P.1 were prepared and sealed with the seal of S.P.S. and were taken into possession vide Memo Exhibit P.B. The sear after use was handed over to AS.I. Harbhajan Singh who was also member of the police party. It is further alleged that as a resultofihe search of the gunny bag which had been thrown by Ranjit Singh, accused, 25 kgs poppy husk was recovered and 250 grams poppy husk was taken out from the recovered poppy husk as sample and both the parcels containing the sample and remaining poppy husk were sealed in the same manner as state herein above. It is further alleged that the sample and the seals were deposited with Jaswant Singh M.H.C. after return to the Police Station. Appellant Ranjit Singh was arrested on 7th June, 1992.

(3.) The prosecution in order to prove its case examined two witnesses, namely P.W. 1. ASI Jagir Singh and P.W. 2 Surinder Pal Singh SI. and also tendered in evidence affidavit Exhibit PA of Constable Gurnam Singh, Exhibit P.D. of M.H.C. Jaswant Singh and Chemical Examiners report, Exhibit P.E.