GURMEZ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Gurmez Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Amritsar dated 2.5.1995. By virtue of the Impugned judgment the, earned trial court held the appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act) and subsequently by the order of even date, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac. In default of payment of fine, he was to undergo further rigorous imprisonment for two years.

(2.) The relevant facts are that on 28.3.1989 Inspector Suba Singh who was officer-in-charge of Police Station Chheharta was accompanied by ASI Shingara Singh and HC Gurbachan Singh. They were going to chowk Chheharta on G. T. Road via bye-pass Chheharta. When the police party was near the drain, the appellant was seen coming on a scooter bearing registration number PAQ 2350. He made an attempt to escape but was stopped after a chase of about 400 yards. He was suspected to be in possession of some contraband. He was asked whether he wanted to be searched in presence of a Magistrate or a Gazetted Officer. The appellant replied that he would like to be searched by Inspector Suba Singh. The search was conducted. From the cavity underneath the petrol container of the scooter the opium was recovered. It was found to be 11 kilograms. 100 grams was taken as the sample. The sample and the rest of the opium were converted into two separate parcels and sealed with the seal of SS. Both the packets were taken into possession vide a recovery memo Ex. PA.

(3.) The seal after use was given to ASI Shingara Singh. Ruqa was sent to the police station, on the basis of which ASI Ajit Singh recorded the formal first information report. The site plan was prepared and the statements of the witnesses were recorded. The case property and the sample were produced before the Ilaqua Magistrate. Inspector Suba Singh kept the recovered packets in his lock and key. The sample was delivered by the Investigating Officer in the office of Chemical Examiner along with the specimen seal. On receipt of the report of the Chemical Examiner that the contents were of opium, report under Section 173 Cr. P.C. was submitted.