JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgement/order dated January 30, 1996, passed by the Additional Sessions Judge, Ferozepur, whereby the appellant has been convicted under S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The facts leading to this appeal are that on May 30, 1990, SI Major Singh (PW 2) along with other police officials was going in a police vehicle to conduct raids on the DHANIS situated in the area of Dhippan Wali. When the police party reached near the canal bridge within the area of the said village, the appellant was spotted while going on the right track of the canal while having a JHOLA in his right hand. On seeing the police party, the appellant started walking briskly. Suspicion having arisen, the appellant was stopped and detained. S. I. Major Singh (PW 2) told the appellant that he (PW 2) had a doubt that the appellant was carrying opium in his JHOLA and he wanted to search him. Offer was given to the appellant that if he so desired, he could be searched in the presence of a Gazetted officer or a Magistrate. The appellant declined the offer and reposed confidence in the said S.I. (PW 2). Consent-memo was prepared. On conducting search of the bag, opium weighing 2 Kgs. 20 grams, wrapped in a glazed paper, was recovered from the bag. 20 Grams of Opium was separated by way of sample. The sample and the remaining opium were converted into two separate sealed parcels with the seal of 'MS'. Sample seal was also prepared and the seal after use was handed over to ASI Surat Singh, a member of the raiding party. A ruda was sent to the Police Station, on the basis of which formal F.I.R. of this case Exhibit PG/1 was recorded. The appellant as well as the case property were produced before the officiating Incharge of the Police Station, ASI Pirthi Singh who put his own seal on both the parcels and took the same in his possession. The accused and the case property were produced before the Magistrate the next day with a request that the Magistrate should put his signatures on the parcels but he declined to do so and, therefore, the case property was deposited on May 31, 1990 with the Moharrir Malkhana. Sample parcel was sent to the office of the Forensic Science Laboratory. After the receipt of the report and completing the investigation, a charge-sheet was submitted to the Court against the appellant.

(3.) A charge under Section 18 of the Act was framed against the appellant which he denied and claimed to be tried.