DYAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated December 22, 1986, passed by the Addl. Sessions Judge, Gurdaspur, whereby the appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, or in default of payment of which to undergo further rigorous imprisonment for five years.

(2.) THE prosecution case as unfolded by H.C. Gulzar Singh (PW 2) is that on 20.11.1985, he along with Constable Joginder Singh was patrolling the area of village Dhianpur towards village Kotli via link road. At about 3.00 p.m. they met H.C. Dalbir Singh and Constable Virkha Singh who had come from the side of village Kotli. When they were just talking, the appellant is alleged to have come from the southern side and on seeing the police party sat down at a distance of about 10 paces on the pretext of urinating. Suspicion having arisen, H.C. Gulzar Singh detained him and conducted his search. From the front pocket of the shirt worn by the appellant 200 grams of opium wrapped in a glazed paper was recovered. Five grams of the contents were separated by way of sample. The sample contents and the remaining contents were converted into sealed parcels with the seal of 'GS', which after use was handed over to HC Dalbir Singh. Recovery memo Exhibit PA was prepared. Since the appellant could not produce any permit for keeping the said opium with him, H.C. Gulzar Singh sent ruqa-Exhibit PC to Police Station, Dera Baba Nanak, on the basis of which Additional MHC Lakhwinder Singh recorded FIR, copy of which is Exhibit PC/I Rough site plan Exhibit PD of the site of recovery was prepared. The sample parcel was sent to the Chemical Examiner and report Exhibit PE was received. After completing the investigation, a charge-sheet was filed against the appellant.

(3.) IN his statement under Section 313, Code of Criminal Procedure, the appellant denied the allegations of the prosecution and stated that opium was planted upon him by the police. He examined three witnesses in his defence. HC Malkiat Singh (DW 1) had brought the roznamcha regarding the duties of HC Gulzar Singh and Additional MHC Lakhwinder Singh. Santokh Singh (DW 2) is the Sarpanch and Rakha-DW 3 is the Chowkidar of village Gowara. Both these witnesses have deposed that a person in plain clothes had come and taken away the appellant to the Police Station.