JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant- Jaswinder Singh was tried by the Learned Additional Sessions Judge, Amritsar (in Sessions Case No.82 of 1994/F.I.R. No.38 dated 23.3.1994 of the Police Station Sarai Amanat Khan) under Section 18 of the Narcotic Drugs and Psychotropic Substances Act. (hereinafter referred to as the Act ) for having been in possession of 4.250 Kilograms of opium- accordingly convicted, and sentenced to undergo rigorous imprisonment for 10 years, to pay a fine of Rs. 1 lac and in default, to further undergo R.I. for one year.

(2.) On 23.3.1994, Sanjiv Kumar (PW-2), S.H.O. of Police Station Sarai Amanat Khan accompanied by A.S.I.- Kashmir Singh, Constable - Balwinder Singh & Ors. was going from Dhakwala Khuh on Bhakna Road and had crossed the Dhakwala Khuh. The accused - appellant- Jaswinder Singh who was coming from the side of Bhakna Road, set down on the pretext of urinating and was apprehended. He had a bag in this right hand and was informed of his :right to be searched before a Gazetted Officer or a Magistrate. The accused wanted a Gazetted Officer to be called. Chaman Lal (PW-1), D.S.P. City-II was called on wireless who reached the place and then, the person of the accused was searched in his presence, 4,250 kilograms of opium wrapped in glazed paper was recovered from the bag carried by the accused, out of which 10 grams were taken as sample. The sample and the remainder were separately sealed mod taken into possession as different parcels alongwith the specimen of the teal under memo-Ex. PA, attested by Chaman Lal, D.S.P. and A.S.I.- Kashmir Singh. The seal of the Investigating officer was then handed over to Chaman Lal D.S.P. (PW-1), Currency notes (Rs. 50/-) were recovered from the accused under memo-Ex.PB. Intimation-Ex.PC was sent to the police station on which the First Information Report Ex.PC /1 was recorded. On return to the police station, the case property was kept by the Investigating Officer in the double lock-up. The sample was given by him to Constable Rakesh Kumar on 15.4.1994 for taking it to the chemical Examiner. On receipt of the report of the Chemical Examiner (Ex.PF), the accused was charge - sheeted.

(3.) To prove its case, the prosecution examined Chaman Lal D.S.P. (PW-1) Sanjiv Kumar, S.H.O. (P.W.-2), Constable Rakesh Kumar (PW-3), and also tendered into evidence the report of the Chemical Examiner (Ex.PF). The accused pleaded false implication. According to him, he was taken away from his house on 19.3.1994 itself, and his father had sent telegrams on 20.3.1994, regarding his illegal detention. The accused also examined Rattan Chand DW-1) to prove the telegram. But DW-1 stated that the telegram summoned does not available and had been destroyed. The defence contended that the provisions of Section 42(2) of the Act have not been complied with but, the learned Additional Sessions Judge held that these provisions did not apply to the facts of this case. The accused also contended that Section 50 of the Act was not complied with, which was also not accepted by the learned Additional Sessions Judge. With regard to the objection that independent witnesses were not associated, the Additional Sessions Judge held that in the circumstances of the case, the testimony of the official witnesses could not be disbelieved. On the question of providing the link evidence, the learned Additional Sessions Judge held that the accused has not been able to show that the link evidence adduced was not worthy of acceptance. Ultimately, he convicted and sentenced the accused as mentioned above, aggrieved by which the accused - appellant has come forward with this appeal.