JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Jaspal Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sen­tence passed by the learned Additional Sessions Judge, Amritsar dated 14-11-1994. 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 & Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By virtue of the subsequent order of sentence of the same date, the appellant was sen­tenced to undergo rigorous imprisonment for 10 years and to pay affine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for a year.

(2.) THE relevant facts of the prosecu­tion case are that on 19-8-1993 ASI, Parshotam Lal accompanied by ASI, Harbhajan Singh, ASI, Kishori Lal and other police officials were going from police post, Vijay Nagar, Amritsar to Mustfabad. A picket was held near the backside of the Power House near the Railway crossing. At about 7,00 p.m. the appellant came from the said of Ganda Nallah. On suspicion he was stopped. He was told that if he likes his person can be searched before a Qazetted Officer. A wireless message was sent to Deputy Su­perintendent of Police Mohinder Singh who reached the spot. The appellant was carrying a bag on his shoulder. The Deputy Superintendent of Police reached the spot. In his presence, the person of the appellant was searched. The bag contained opium wrapped in a glazed paper. It was found to 1 Kalogram. 10 grams was taken as the representative sample. The sample and the rest of the opium were converted into separate parcels and sealed with the seals of TL and 'MSS'. After use both the seals were given to DSP Mohinder Singh. Both the Packets were taken into possession vide a recovery memo.

(3.) THE learned trial Court framed charge against the appellant for the of­fence punishable under Section 18 of the Act. Needless to say that appellant pleaded not guilty and claimed a trial. The prosecu­tion examined three witnesses pertaining to the recovery of opium namely ASI Parshotam Lal PW-1 ASI Kishori Lal PW-2 and DSP Mohinder Singh PW-3. State­ment of C. Dwarka Dass was also recorded. The various circumstances were put to the appellant when he was examined in terms of Section 313, Cr. P.C. He denied recovery of opium from his person and contended that he had falsely been implicated. His precise defence was as under: