MANN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Mann Singh (since dead) after suffering conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') vide judgment of learned Sessions Judge Sangrur dated 15.5.1990 had preferred the instant appeal. He was sentenced to undergo RI for ten years and to pay a fine of Rs. One lac, in default thereof to suffer further RI for two years. The record reveals that vide order dated 7.5.2003, this Court had dismissed the appeal being abated as the appellant was stated to have died. An application (Criminal Miscellaneous No. 23316 of 2006) moved by widow of the appellant under Section 482 Cr. P.C. stands allowed, vide separate order of even date and the instant appeal has been restored to its original number. The appeal is being is disposed of on merits today itself.

(2.) THE facts of the prosecution case in brief are than on 17.5.1989, ASI Ashok Kumar (PW-2) was present on Patiala crossing near Sangrur Town along with other police officials when Sher Singh Ex-Sarpanch of village Elwal met him. He was joined in the police party. At about 2.25 PM, a bus came from the side of Patiala. It stopped at Patiala crossing. The appellant alighted from the bus. On seeing the police party, he made an attempt to slip away but was apprehended on suspicion. ASI Ashok Kumar gave option to the appellant with regard to compliance of Section 50 of the Act. When the appellant reposed his faith in the ASI, his personal search was conducted. As a result thereof, a packet was recovered from the inner jacket underneath the shirt of the appellant, which was containing 300 grams of smack. Two samples of 10 grams each were taken out of the smack. The same were duly sealed. The reminder was also put in a tin box (Ex.P1) which was sealed by ASI Ashok Kumar with his own seal bearing inscription 'AK'. The samples and the tin box duly sealed were taken into possession vide recovery memo. Ex.PA. A sample of the seal (Ex.P2) was also prepared at the spot. The seal after use was handed over to Sher Singh. Ruqqa (Ex. PB) was sent to the police station, on the basis of which FIR (Ex.PB/1) under Section 18 of the Act was registered against the appellant. Rough site plan (Ex.PC) was also prepared. On return to the police station, aforesaid Ashok Kumar deposited the sample parcel and the tin parcel with MHC Maghar Singh. The sample was sent to the Chemical Examiner for analysis. Vide report (Ex.PF), it was found to contain Diacetyle Morphine to the extent of 57.64%. The Chemical Examiner also opined that the contraband is known as heroin. After completion of investigation, the challan was presented against the appellant. He was consequently charged under Section 18 of the Act.

(3.) THE plea of the appellant as emerges from his statement under Section 313 of the Code of Criminal Procedure is of false implication pleading that he was taken from his house on 10.5.1989 by aforesaid Ashok Kumar, who was inimical towards him for the reason that he had deposed against the latter. It was then pleaded that on 28.4.1989, ASI Ashok Kumar had lifted the son of the appellant, kept him in illegal detention of police station Longowal and because of old enmity, he was falsely implicated in this case.