KEWALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 11.11.1994 passed by the Additional Sessions Judge, Faridkot, by which Kewaljit Singh, appellant, has been convicted under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo R.I. for six months.

(2.) BRIEFLY stated, the prosecution case is that on February 9, 1993, Inspector Harcharan Singh (PW-1), S.H.O. Police Station Sadar, Moga alongwith ASI Sukhdev Singh, Major Singh and other officials was going in Government Gypsy from Safuwala to Daroli Bhai on patrol duty and when the policy party reached near the culvert over the canal minor in the area of village Daroli Bhai, the accused was seen coming on scooter bearing Registration number PB-08-D-4901 from the opposite side, who on seeing the police, tried to take a back turn but he was apprehended on suspicion. Thereafter, the Investigating Officer enquired from the accused about his willingness to be searched before a Magistrate or a Gazetted Officer, but the accused consented to his search by the Investigating Officer himself. On search of the basket of the scooter, opium wrapped in a polythene paper was recovered from a satchel, out of which 10 grams were separated as sample and the remaining quantity on weighment came to 4 Kgs. and 190 grams. Both the sample and the residue opium were made into separate sealed parcels with seal bearing inscription 'HS' and taken into possession vide recovery memo, Exhibit 'PD'. The Investigating Officer also took into possession the scooter alongwith its registration certificate, Exhibit P3 belonging to the accused, vide recovery memo, Exhibit PE. On further search, driving licence of the accused, Exhibit P4, and currency notes of Rs. 55/- were also recovered, which were taken into possession vide recovery memo, Ex.PF.

(3.) TO prove its case, the prosecution examined Inspector Harcharan Singh (PW-1) and ASI Sukhdev Singh (PW-2) who fully supported the prosecution version and gave a detailed account of the manner in which accused was apprehended and contraband in question was recovered from him. Besides, the prosecution also tendered in evidence report, Ex.PJ, of the Assistant Chemical Examiner as also affidavits, Ex.PA and PB, of formal witnesses.