MANGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Mangat Ram stands convicted under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo RI for ten years and to pay a fine of Rs one lac, in default of payment of fine, to further undergo RI for one year, vide impugned judgment of learned Special Judge, Ferozepur, dated 19/20.11.2001. Aggrieved by the said judgment of conviction and sentence, he has preferred the instant appeal.

(2.) Since the appellant had undergone substantial period of substantive sentence, an application bearing Crl. Misc. No. 65659 of 2005 was moved for suspension of substantive sentence. While disposing of the said application, it was observed that the instant appeal shall be heard on 1.02.2006. The same is being disposed of while disturbing the regular list. The aforesaid Misc. application has been rendered infructuous.

(3.) In brief, the case of the prosecution is that on 22.02.1998, SHO Surinderpal (died before he was examined in the Court) along with other police officials and one Rameshwar Lal son of Jhokha Ram (independent witness) was present at Hanumangarh Road crossing in the area of City Abohar when the appellant was seen coming on a scooter from the side of Hanumangarh. He was signalled to stop the scooter but on seeing the police party he left the scooter and tried to escape. He, however, was apprehended at the spot itself. SHO Surinderpal suspected some contraband in his possession and, therefore, gave an offer to him complying with the provisions of Sec. 50 of the Act. The appellant opted his search to be conducted in the presence of some gazetted officer. A memo in this regard was prepared which was signed by the appellant and attested by SI Gurmit Singh and ASI Mohinder Singh who were accompanying the aforesaid SHO and one Rameshwar Lal the independent witness. DSP Harbans Lal also reached the spot and disclosed his identity to the appellant. On his directions SHO Surinderpal conducted the search of the appellant as a result of which opium wrapped in polythene envelope was recovered from the dicky of the scooter. It was 5 kgs. 10 grams of opium was taken out as sample. Both sample and the residue were reduced into two separate parcels and were sealed by SHO Surinderpal with his own seal and with the seal of DSP Harbans Lal bearing inscription 'HL'. Separate sample of seal impression was also prepared. SHO Surinderpal handed over his seal to SI Gurmit Singh whereas DSP Harbans Lal retained his seal with him. The entire case property was taken into possession vide recovery memo which was duly attested by the witnesses. The grounds of arrest were disclosed to the appellant vide separate memo which was also attested by the PWs. A ruqa was sent to the Police Station for the registration of the formal FIR. Rough site plan of the place of recovery was also prepared. The case property and the appellant were duly produced before the Ilaqa Magistrate.