BIKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT -Bikkar Singh (55 years) has filed this appeal against judgment and order dated July 17, 2001 whereby he was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced to undergo Rigorous Imprisonment for a period of 13 years with a fine of Rs. one lac and in default of payment of fine to further undergo RI for a period of one year.

(2.) ON June 10, 1993, at about 4.00 p.m., PW-2 SI Gurmail Singh, the Investigating Officer in this case, received a secret information at Police Station, Sudhar (Ludhiana) that the present appellant and three others, namely, Pritam Singh (P.O.), Joginder Singh (since acquitted vide order dated 22.3.2001) and Resham Singh (PO) were selling a large quantity of poppy-husk lying in the sugar-cane fields of one Ajaib Singh of Village Mohi and if a raid is conducted then they could be apprehended. On receiving this information, the Investigating Officer recorded the FIR (Ex. PA) and then raided the disclosed place after joining a public witness, namely, Gian Singh. When the police party reached at the aforesaid given place, there appellant Bikkar Singh and his co-accused Pritam Singh were found sitting on the gunny bags which were stacked in the sugar-cane fields of Ajaib Singh. They both were apprehended at the spot and then an option of search before a Gazetted Officer or Magistrate was given by the Investigating Officer. However, both of them reposed their trust in the Investigating Officer. Thereafter the gunny bags were counted which were found 120 in number. Each gunny-bag was found to have contained 35 Kgs. of poppy-husk. Two samples of 250 gms. from each recovered bag were taken. The samples as well as the remaining quantity of gunny bags were made into separate parcels and sealed at the spot by the Investigating Officer with the seal bearing letter "MS" belonging to ASI Mohinder Singh (PW-4). The bulky case property and the samples were taken into possession by the Investigating Officer vide recovery memo Ex. PB attested by ASI Mohinder Singh, ASI Karnail Singh and public witness, namely, Gian Singh. The seal after use was handed over to ASI Karnail Singh (PW-3). On reaching the Police Station, the Investigating Officer produced appellant Bikkar Singh and co-accused Pritam Singh along with the case property before DSP Paramjit Singh (PW-6) who also checked the case property and verified the facts of the case. He also put his own seal bearing letter "PS" on the case property. Thereafter, the case property was handed over to MHC Gurtej Singh (PW-5). 120 samples were got tested from the Forensic Science Laboratory, Punjab, Chandigarh and vide its report, Ex. PF, the same were found to be of poppy-husk.

(3.) PROSECUTION , in order to substantiate its case, examined as many as 6 witnesses, namely, PW-1 Shamsher Singh Constable No. 299. On 12.8.1993 he had taken the parcels, docket and specimen of seals for depositing the same in the office of F.S.L., Punjab, Chandigarh; PW-2 SI Gurmail Singh, he is the Investigating Officer of this case; PW-3 SI Karnail Singh, and PW-4 ASI Mohinder Singh are witnesses to the recovery memo Ex. PB; PW-5 ASI Gurtej Singh, he was the AMHC of Police Station, Sudhar, with whom, case property was deposited on June 11, 1993; and PW-6 DSP Paramjit Singh. After effecting the recovery of case property, appellant Bikkar Singh along with co-accused Pritam Singh was produced before him and thereafter, he had also verified the facts of the case and then put his own seal bearing impression "PS" on each bag and each sample parcel. Gian Singh, a public witness, who was associated during the investigation of this case, was given-up as having been won over.