MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred by appellant-Mukhtiar Singh against the judgment of conviction and order of sentence dtd. 17/9/2005 vide which he was convicted under Sec. 15 of the N.D.P.S Act and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000.00 along with default mechanism i.e. in the event of default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year.

(2.) Prosecution story was to the effect that on 8/12/2002, S.I. Chaghar Singh along with police officials was going towards village Mohanpura on patrol duty in a private jeep. When the police party reached in the village Mohanpura, then a secret information was received by the Sub Inspector Chaghar Singh that the accused was involved in selling poppy husk on a bridge of canal in the area of village Dhotian. Bhagwant Singh was joined as independent witness in the police party and thereafter, raid was conducted at the disclosed place. On seeing the police party, the accused who was sitting on the gunny bags, tried to fled away. S.I. Chaghar Singh apprehended the accused on suspicion. Thereafter, he apprised the accused about his right to be searched before the Magistrate or the Gazetted Officer. The accused opted his search to be conducted in the presence of Gazetted Officer. Non-consent memo Ex.PA was prepared which was thumb marked by the accused and was attested by PW Bhagwant Singh and ASI Subhash Chander. Thereafter, S.I. Chaghar Singh sent a wireless message to DSP Jaswinder Singh who arrived at the spot and after verifying the facts of the case, DSP Jaswinder Singh also apprised the accused in respect of his right to be searched before him or before the Magistrate. The accused reposed confidence in DSP Jaswinder Singh and consent memo Ex.PB was prepared which was thumb marked by the accused and attested by DSP Jaswinder Singh, ASI Subhash Chander and PW Bhagwant Singh. Thereafter, on the directions of DSP Jaswinder Singh, SI Chaghar Singh (Investigating Officer) conducted the search of two gunny bags on which the accused was sitting. The search ultimately led to recovery of poppy husk which on weighed found to be 35 kgs+33 kgs., 500 grams in both bags respectively. 250 grams of poppy husk was separated from each bag and was converted into two parcels. The remaining poppy husk was put into the same gunny bags and their parcels were prepared. All the four parcels were separately sealed with seals CS and JS and all the parcels were taken into police possession vide recovery memo Ex.PC. The recovery memo was attested by PW Bhagwant Singh, SI Chaghar Singh and ASI Subhash Chander. Thereafter, ruqa Ex.PD was sent to the police station by the Investigating Officer S.I. Chaghar Singh. On the basis of said ruqa, formal FIR Ex.PD/1 was recorded by ASI Baldev Singh. Special reports were sent to the higher police officers and the Illaqa Magistrate. Thereafter, Investigating Officer prepared rough site plan Ex.PE, showing the place of recovery. Personal search of the accused was also conducted in which currency notes of Rs.570.00 were recovered and memo Ex.PE was prepared. On coming back to the police station, S.I Chaghar Singh (I.O) produced the accused as well as the case property before S.I./SHO Naurang Singh who counter sealed the case property with his seal bearing impression NS. On the next day, the sealed parcels of the case property and sealed samples along with accused were produced before the Illaqa Magistrate. All the four sealed parcels were again deposited with SI/SHO Naurang Singh who kept the same in police Malkhana under double lock system. On 23/12/2002, the sealed sample parcels along with sample seal impression and docket were sent to the office of Chemical Examiner, Punjab, Chandigarh. After completion of investigation and receipt of report of Chemical Examiner, challan against the accused was presented before the trial Court.

(3.) The accused/appellant was charge-sheeted for the offence under Sec. 15 of the NDPS Act for having unauthorized possession of 68.5 kgs. of poppy husk vide order dtd. 28/2/2033. Accused/appellant pleaded not guilty and claimed trial.