JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Jaswant Singh son of Gurdip Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Sessions Judge, Ferozepur dated 27.3.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act). On the same date, the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One Lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

(2.) The relevant facts are that on 28.4.1993 ASI Baldev Singh accompanied by ASI Dinesh Singh, Constable Bachan Lal and some other police officials were patrolling. They were going from village Lohgarh to Badhowal via unmetalled road (katcha path). When the police party reached near the bridge over the canal, the appellant was seen coming alongwith the canal bank. He was carrying a gunny bag on his head on seeing the police party, he turned back. On suspicion he was apprehended. ASI Baldev Singh told the appellant that he suspects him to be carrying some contraband articles.

(3.) An offer was given to the appellant that if he likes his person can be searched before a Gazetted Officer or a Magistrate. The appellant did not convey that his person be searched before a Gazetted Officer or a Magistrate. He deposed full faith in ASI Baldev Singh. Regarding the consent given by the appellant memo Ex. PA was prepared. It was thumb marked by the appellant and attested by ASI Dinesh Singh and Constable Bachan Lal.