JAWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (1) Jawant Singh and (2) Mukhtiar Singh were tried by the learned Additional Sessions Judge, Patiala (in Sessions Case No. 32 of 1994 - F.I.R. No. 63 dated 8.8.1992 of Police Station, Patran) on a charge under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the Act) and were accordingly convicted and sentenced to undergo rigorous imprisonment for 10 years, to pay a fine of Rs. 1 lac each and in default, to further undergo R.I. for two years.

(2.) THE case of the prosecution is as follows :- On 8.8.1992 shortly before 4.30 a.m., S.I. Gurdeep Singh (PW-5) and the police party consisting of ASI Balbir Singh, H.C. Bhag Singh and others were near Gurdwara Hariayo Khurd in connection with checking of bad characters. S.I. Gurdeep Singh received a reliable secret information that accused Mukhtiar Singh and Jaswant Singh were present in the kotha (shed) of the tubewell of Mukhtiar Singh in Village Hariayo Khurd, that they had a large quantity of crushed poppy head in that shed, and were selling it. On this S.I. Gurdeep Singh sent an intimation (Ex.PG) to Police Station, Patran on which the formal F.I.R. (Ex.PG/1) was registered.

(3.) ON 13.8.1992, PW-5 Gurdeep Singh raided the house of accused Mukhtiar Singh, but, he was not found. But, on 19.8.1992, when S.I. Gurdeep Singh (PW-5) was present at Chanagra Road, Patran, Balkar Singh, Angrej Singh and Daler Singh produced accused Mukhtiar Singh before him, who was arrested formally. On interrogation, he made a disclosure statement (Ex.PJ) which was thumb marked by him and attested by H.C. Ram Saroop (P.W.6) and Balkar Singh. In pursuance of his statement, he led the police party to the specified place and led to the recovery of a bag containing 30 kilograms of crushed poppy head, from which S.I. Gurdeep Singh (PW-5) drew a sample for 250 grams. The sample and the remainder were separately sealed and taken possession of under memo-Ex. PK which was attested by Balkar Singh and H.C. Ram Saroop. A sum of Rs. 32/- in cash was also recovered from accused Mukhtiar Singh under memo- Ex.PL, which was thumb marked by accused and attested by H.C. Ram Saroop and Balkar Singh. On the same day, he deposited the case property with M.H.C. Baltej Singh (PW-2) and locked up accused Mukhtiar Singh. After completion of investigation, a charge-sheet was laid against the accused.