SARABJIT SINGH 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, P.W.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 ruqa Ex. PG, and despatched it to P.S. Sadar, Patiala. On its bais, formal FIR Ex. PC/1 was registered at 3.55 p.m., on the same day, ASI Jassa Singh, P.W.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, P.W.1, arrested him. He interrogated him, while in police custody. He suffered a disclosure statement, Ex. PD that he had kept concealed eight bags each containing 35 Kg. 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 recorded by ASI, Jassa Singh, P.W.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, P.W.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 in ASI Jassa Singh, P.W.4. Therefore, P.W.4 recorded his statement, Ex. PE to this effect, which was thumb-marked by the accused, and was attested by Gurjant Singh PW and HC Rupinder Singh, P.W.5. Then in pursuance of his disclosure statement, accused gave nishandehi, and from the specified place, got recovered eight bags each containing 35 Kg. 500 gms. of crushed poppy heads. The accused could not produce valid licence or permit for keeping this contraband in his possession. P.W.4 separated a sample weighing 250 gms. from each of the eight bags. The sample packets, and the bags with their remaining contents, were sealed by P.W.4, with his seal bearing initials 'JS'. A specimen impression of the seal used, was also prepared. The sample packets, the gunny bags, Ex. P1 to P8, and the specimen impression of the seal used, were taken into possession, by ASI Jassa Singh, P.W.4, vide memo. Ex. PF, which was attested by Gurjant Singh, PW and HC Rupinder Singh, P.W.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. Ex. PH, which was thumb-marked by the accused, and was attested by Gurjant Singh and HC Rupinder Singh, PWs. P.W.4 recorded the statements of the PWs., under Section 161, Cr. P.C. 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. P.W.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 gunny bags Ex. P1 to P8, along with the pre-existing seals of ASI Jassa Singh, P.W.4. At the instructions of the Inspector/SHO, the P.W.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 Chura poppy heads. After completion of investigation, the accused was challaned by Inspector Rachhpal Singh, SHO, P.S. Sadar, Patiala.

(3.) A formal charge under Section 15 of the Act was framed against the accused. He pleaded not guilty and claimed trial. In his statement under Section 313, Cr. P.C., he has denied all the material allegations of the prosecution and pleaded false implication. His specific plea is that no land of the Gram Panchayat, under the agreement, was on lease with his father Joginder Singh. In fact, the case property was recovered from one Karnail Singh, and was planted on him. Eventually, he examined Gurjant Singh, DW-1, in his defence.