JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Jagir Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Sessions Judge, Faridkot dated 3.11.1995. By virtue of the impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence passed by the trial court, 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, the appellant was directed to undergo further rigorous imprisonment for two years.

(2.) THE relevant facts are that on 27.6.1994 Jagmohan Singh was Officer-in- Charge, Police Station Mehna. He was heading a patrolling party and was going from village Mehna towards village Takhanwadh via Kacha path. The police party was at a distance of about 1 Kilometre from village Takhanwadh. The appellant was noticed coming from the side of said village. On suspicion, the appellant was stopped by the police party. He was told that if he likes his person can be searched before a Gazetted Officer or a Magistrate. The appellant opted to be searched before a Gazetted Officer of the Police. Shri Narinder Pal Singh, Superintendent of Police, Moga was called to the spot through a wireless message.

(3.) THE learned trial court framed charge against the appellant for the offence punishable under Section 18 of the Act. The appellant pleaded not guilty and claimed a trial. In support of its case, the prosecution examined Inspector Jagmohan Singh as PW-2, Mohan Lal PW-4 and Shri Narinder Pal Singh, Superintendent of Police PW-6 besides other formal witnesses. After the prosecution had closed its evidence, the incriminating circumstances appearing in evidence were put to the appellant in the form of different questions. The appellant denied recovery of opium from his person. The appellant's case was that on 19.6.1994 he was brought from his village in the morning and was detained in illegal custody. The opium was planted upon him. In defence, the appellant examined Bhinder Lal as DW-1 a constable of Police Station, Mehna. The witness had brought Register No. XIX. He stated that there is no separate entry in the said register that the sample was sent to the Chemical Examiner on 26.7.1994 but there is a note to that effect against the entry whereby the case property was deposited in the Malkhana.