LAWS(P&H)-2006-3-636

AMAR SINGH Vs. STATE OF PUNJAB

Decided On March 22, 2006
AMAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This Criminal Appeal arises out of a judgment dated 24.08.2001 in Sessions Case No. 197 dated 22.12.1999, passed by learned Judge of Special Court, Mansa, holding the accused-appellant guilty of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo RI for ten years with a fine of Rs. 1,00,000/-. In default of payment of fine, he has been directed to further undergo RI for one year.

(2.) As per the prosecution case, on 3.10.1999, SI Gurdial Singh with a police party consisting of HC Harbans Singh, Constable Harkant Singh and PHC Major Singh, was on patrolling duty. He reached the village Khaila Kalan from village Khaila Mubarkpur in a canter bearing No. PB-31-6593. The vehicle was driven by Constable Basan Singh. He also met Mithu Singh son of Bachan Singh, resident of Village Khaila Kalan, during the patrolling, who was associated with the police party. During his further movement on patrolling from village Khaila Kalan to Barnala-Mansa Road, the patrolling party noticed a person on the left side, sitting on 16 gunny bags, near a mulberry tree. On seeing the police party, he got suspicious and tried to slip away. On suspicion, he was detained by SI Gurdial Singh with the help of police personnel. The person so apprehended disclosed his name as Amar Singh son of Bachan Singh, resident of Village Khaila Kalan. The Police Sub Inspector expressed his suspicion that the said 16 gunny bags, on which the accused was found sitting, contained some contraband substance. He wanted to search the person of the accused-appellant and also the bags. The accused was informed of his right to be searched before a Gazetted Officer or a Magistrate. He opted for his search before a Gazetted Officer. A consent memo was prepared which was signed by the accused. The SI sent a wireless message to the Police Control Room, Mansa, by way of QST for sending some Gazetted Officer at the spot. Shri Iqbal Singh, DSP, with his Gunmen, reached the spot in his official gypsy after one hour. He gave his introduction to the accused and also informed that he is a Gazetted Officer. He again asked for the option of the accused as to whether he wanted to give the search of his person and that of the gunny bags before him. The accused again gave his consent to be searched before him. Accordingly, the introduction memo and the consent memo, were prepared. The memos were signed by the accused and the witnesses. SI Gurdial Singh conducted the search under directions of the DSP. All the 16 gunny bags were found tied with pack thread (Seba). They contained the contraband 'poppy straw'. Two samples of 100 grams were taken out from each of the gunny bags. All the 32 items of the sample were marked as sample numbers 1/1 to 16/16 in two sets. The remaining quantity of the poppy straw on weighment came to be 34 kgs and 800 grams in each gunny bag. The gunny bags were marked as Nos. 1 to 16. The sample parcels and the remainders were sealed by SI Gurdial Singh with his seal 'GS'. A sample seal was prepared separately. The seal of the SI was handed over to HC Harbans Singh after use. The case property (the samples and the remainders) was taken into possession vide a recovery memo, which was signed by the witnesses. The recovery memo was attested by Iqbal Singh, DSP. 20. From the search of the person of the accused-appellant, currency notes of Rs. 85/- were recovered from the left front pocket of his shirt. The money was taken into possession vide a personal search memo, signed by the accused and the witnesses. A ruqa was prepared and sent by hand through Constable Harkant Singh to the Police Station concerned. Accordingly, a formal FIR was registered. The statements of the prosecution witnesses were recorded. The accused was formally arrested by SI Gurdial Singh. On reaching the police station, SI Gurdial Singh produced the accused and the articles of the case property before his official superior SI Permjit Singh, SHO, Police Station Sadar, Mansa. The SHO interrogated the accused and found the facts of the case to be true. The SHO also attested 16 gunny bags of the remainders and 32 parcels of sample by maintaining the seal of SI Gurdial Singh intact. Seal of the SHO, Parmjit Singh, with description 'PS' was impressed upon all the parcels. He also attested the sample seal of SI Gurdial Singh. He also sent a special report. On 4.10.1999, the next day, the accused and the articles of the case property were produced before the concerned Court. The samples were sent to FSL for analysis. As per the report, they were found to contain crushed poppy heads. A challan was laid after completion of the investigation. From the materials on record, the accused was charged with and tried upon under Section 15 of the Act. The accused pleaded not guilty and claimed trial.

(3.) Heard learned counsel for the parties and perused the record.