SARAHJIT SINGH @ SARBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed against the judgment/order dated 15-2-1996/19-2-1996 of the Addi­tional Sessions Judge, Patiala vide which he convicted the appellant Sarabjit Singh alias Sarba under Section 15 of the Nar­cotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and sentenced him to undergo R.I. for ten years and a fine of Rs. 1 lac. In default of payment of fine he was ordered to undergo further R.I. for one year.

(2.) THE prosecution case briefly stated is that shortly before 3.10 p.m. on 17-8-1993, ASI Jassa Singh, PW-4, along with the police party, was present in the area of village Bakshiwala. He received a secret information that accused Sarabjit Singh alias Sarba and his two brothers Sh. Bali and Sh. Kangan and their father Sh. Joginder Singh, all residents of village Hirdapur were stockists of and dealers in crushed poppy heads, that if a raid was conducted sufficient quantity of the same could be recovered from them. On this, he scribed Ruga Ex. PC and despatched it to P.S. Sadar, Patiala. On its basis, formal FIR Ex. PC/1 was registered at 3.55 p.m., on the same day, ASI, Jassa Singh, PW. 4 accom­panied by his police party, immediately rushed to village Hirdapur. At the phirni of that village, he co-opted with him, Gurjant Singh, Sarpanch. Then the police party raided the house of the accused, in village Hirdapur. He was not found present there. The police party, in the search of the accused, was going to some other side. On the outskirts of the village abadi the accused met them near the culvert. ASI, Jassa Singh, PW-4, arrested him. He interrogated him, while in police cus­tody. He suffered a disclosure statement, (Ex. P D) that he had kept concealed eight bags each containing 35 kgs. 500 grams of crushed poppy heads in a bajra field, which his father Joginder Singh had taken on Chakota, from the Gram panchayat, that he had their exclusive knowledge and could get the same recovered, by giving nishandehi. His disclosure statement, Ex. PD, was recored by ASI, Jassa Singh, PW-4. It was thumb- marked by accused Sarab­jit Singh alias Sarba and was attested by Gurjant Singh and HC Rupinder Singh, PWs. After this, ASI Jassa Singh, PW-4 gave him an option, that if he so desired, a Gazetted Officer or a Magistrate could be summoned to conduct his search. But the accused did not exercise this option. He reposed full confidence on ASI, Jassa Singh, PW-4. Therefore, PW-4 recorded his statement, Ex. PE to this effect, which was thumb-marked by the accused and was attested by Gurjant Singh PW and H.C. Rupinder Singh, PW-5. Then in pur­suance of his disclosure statement, ac­cused gave nishandehi and from the specified place, got recovered eight bags each containing 35 kgs. 500 gms. of crushed poppy heads. The accused could not produce valid licence or permit for keeping this contraband in his possession. PW-4 separated a sample weighing 250 gams, from each of the eight bags. The sample packets and the bags with their remaining contents, were sealed by PW-4 with his seal bearing initials 'JS'. A specimen impression of the seal used, was also prepared. The sample packets, the gunny bags, Ex. PI to P8 and the specimen impression of the seal used, were taken into possession by ASI, Jassa Singh, PW-4 vide memo, Ex. PF, which was attested by Gurjant Singh, PW and HC Rupinder Singh, PW-4 prepared the rough site-plan, Ex. PG of the place of recovery with cor­rect marginal notes. On jamatalashi, no other article was recovered from the ac­cused. PW-4 prepared farad jamatalashi of the accused. Ex. PH, which was thumb-marked by the accused and was attested by Gurjant Singh and HC Rupinder Singh PWs. PW-4 recorded the statements of the PWs. under Section 161, Cr. PC on the same day when he was bringing the ac­cused, the case property and the witnesses of recovery, to the Police Station, on the Way Inspector Rachhpal Singh, SHO, met him, in village Bakshiwala. PW-4 produced before him, the accused, the witnesses and the case property. He verified the investigation, questioned the wit­nesses and interrogated the accused. He put his own seal on the sample packets and the gunny bags Ex. PI to P8, along with the pre-existing seals of ASI Jassa Singh, PW-4. At the instruction of the Inspector/SHO, the PW-4 deposited the case property with seals intact, with MHC Bhupinder Singh. In due course of time, the sample packets, were sent to the Chemical Examiner. He analysed them and submitted his report Ex. PJ, opining that the samples were Chum poppy heads. After completion of investigation, the ac­cused was challaned by Inspector Rachhpal Singh, SHO, PS. Sadar, Patiala.

(3.) AFTER perusing the record and hear­ing the Counsel for the parties, learned Additional Sessions Judge convicted and sentenced the accused appellant as stated above.