SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SATNAM Singh accused-appellant (hereinafter referred to as the accused) faced trial under Section 15 of the NDPS ACT for keeping in his possession 70 kilograms of poppy husk without any permit on 21.3.1997 in the area of village Gehliwala. Consequently he was convicted by learned Additional Sessions Judge, Ferozepur vide judgment dated 8.11.2000 and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh. In default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) SUCCINCTLY dilating upon the facts leading to the prosecution of the accused culminating into trial of the instant case are that on 21.3.1997 ASI Jaspal Singh along with other police officials was proceeding towards village Gehliwala via kacha path on a private vehicle and when he reached two furlongs rear of the bridge of water channel, he spotted three accused sitting differently on two bags each. On seeing the police party they felt perplexed. On suspicion ASI Jaspal Singh nabbed the accused. Thereafter he called upon him that he was suspecting some intoxicant article contained in gunny bags and if he wanted to be searched from him from some Gazetted Officer or Magistrate, then the accused offered to be searched from Deputy Superintendent of Police, Zira, consequently, his search was conducted as per his assent. On search, he was found in possession of two gunny bags each containing 35 kg of poppy husk, out of which two samples weighing 250 grams were taken out from each bag and the bags containing the remaining poppy husk were sealed with the seal bearing impression JS. The seal after use was entrusted to HC Bhajan Singh. The possession memo, sample seals and the remaining poppy husk bags were attested by DSP, Zira. Thereafter, on the basis of the ruqa sent by Sub Inspector Jaspal Singh through Constable Baljit Singh FIR was registered in the police station. The investigating officer prepared the site plan of the place of occurrence and arrested him after disclosing grounds of his arrest. Personal search memo was also prepared. On return to the police station, the gunny bags, samples and the sample chits were produced before Sub Inspector Gurmeet Singh, Station House Officer, Police Station Dharamkot, who after verifying the case property, affixed his seal bearing impression GS and took the aforesaid articles into possession. On 22.3.1997 Sub Inspector Gurmeet Singh produced the accused, sample as well as the case property before Judicial Magistrate 1st Class, Zira and under the orders of the Judicial Magistrate, the case property was kept in the malkhana. Samples sent to the office of Chemical Examiner on 26.3.1997 through constable Chaman Lal were deposited by him in the office of Chemical Examiner after getting the docket forwarded from the office of Senior Superintendent of Police, Ferozepur. On completion of investigation the accused was challaned.

(3.) IN order to bring home the guilt of the accused, the prosecution examined Constable Bhajan Singh (PW-1), a witness of consent memos Ex. P1 and P2, recovery memo Ex. P4, memo of grounds of arrest Ex. P5 and also personal search memo Ex. P6. PW 2 Sub Inspector Gurmeet Singh (before whom the case property as well as sample and the accused were produced by Sub Inspector Jaspal Singh), has also deposed to the same effect. He has also testified that he produced the case property along with the accused before the Illaqa Magistrate vide request Ex. P-8. PW 3 ASI Jaspal Singh besides being investigating officer is also a witness who sent the samples of the case property to the office of the Chemical Examiner through Constable Chaman Lal. He besides proving the consent memos Ex. P1 and P2, sample seal chit Ex. P3, recovery memo Ex. P4, personal search memo Ex. P6, ruqa Ex. P8, FIR Ex. P9, site plan Ex. P10 and memo Ex. P7 for producing the case property. He has also stated that he deposited samples in an intact condition before PW2 Sub Inspector Gurmeet Singh. He also proved the factum relating to the arrest of the accused in the case.