PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellant Pritam Singh (hereinafter referred to as 'the Accused') has assailed his conviction and sentence of 15 years and a fine of Rs. 1,50,000/- recorded on 20.9.2001 by the learned Special Court, Ludhiana under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act), for keeping in his possession four kilograms of opium.

(2.) IN nutshell, the facts as unfolded by the prosecution are that on 30th August, 1999 at about 5.45 PM, Inspector Manjit Singh (now DSP), Police Station Sahnewal along with other police officials including SI Dogar Ram (PW7) was going towards village Dharaur via embankment of the canal minor towards village Bilga. Whet, they were at some distance from the culvert near village Dharaur, they spotted the accused along with a Jhola; apprehended him on the embankment of the canal. When suspected of carrying some contraband, the Investigating Officer offered him to get himself searched in the presence of a Gazetted Officer or a Magistrate, vide consent memo Ex.PD. On his offer to be searched in the presence of the Gazetted Officer, the Investigating Officer called DSP Harmohan Singh (PW4) at the spot, who while arriving there gave his identity, at which the accused reposed confidence in him and consented to be searched vide statement Ex.PB, then on the directions of the DSP Harmohan Singh, on search of the bag opium was recovered. After drawing two samples of 10 gms each, the remaining opium as well as the samples were converted into two different parcels and were sealed at the spot by the Investigating Officer with his seal bearing impression "MS" and the seal of the DSP bearing impression "HS" and along with the chit bearing specimen impressions of the seals Ex.P1 were taken into possession vide memo EX-PC. The Investigating Officer handed over the seal, after use, to SI Dogar Ram. However, DSP Harmohan Singh retained his seal with him. Ruqa Ex.PE sent by the Investigating Officer became basis of FIR Ex.PE/1 recorded by ASI Dilawar Singh (PW5). The Investigating Officer prepared the rough site plan of the place of recovery Ex.PF, effected personal search of the accused took the currency notes of Rs. 75/- into possession; arrested the accused vide arrest memo Ex.PH; recorded statements of the witnesses and on reaching the police station, he produced the case property along with the accused before SI Dilawar Singh (PW5), who after verifying the facts of the case deposited the parcels and the chits with AMHC Manjit Singh (PW2). On the next day HC Kashmira Singh (PW1) procured the parcels and the chits from AMHC Manjit Singh and produced them before the Judicial Magistrate vide application Ex.PA on which Judicial Magistrate passed the order Ex.PA/1. One of the sample parcels was got analyzed from the Forensic Science Laboratory, Chandigarh. The report Ex.PJ was positive for presence of morphine contents. The completion of the investigation was followed by report under Section 173 Cr.P.C.

(3.) IN support of the charge, the prosecution examined as many as 7 witnesses. Inspector Manjit Singh (PW3) is the Investigating Officer. SI Dogar Ram (PW7) is an official witness to the recovery. DSP Harmohan Singh (PW4) was called by the Investigating Officer at the spot in whose presence, recovery of 4 kgs of opium was effected. ASI Dilawar Singh (PW5) stated that Investigating Officer produced before him the parcels and the chit along with the accused and he after verifying the facts of the case had deposited the same with AMHC Manjit Singh. He also proved the Jhola Ex.P4 from where the opium was recovered. The remaining are the formal witnesses.