RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8th May, 1996, passed by the Additional Sessions Judge, Amritsar in Sessions Case No. 61 of 1993. By this judgment, the learned Additional Sessions Judge has convicted the appellant under S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the NDPS Act) and has sentenced him to undergo R.I. for period of 12 years and to pay a fine Rs. 1 lacs. In default of payment of fine, the appellant has been ordered to undergo further R.I. for two years.

(2.) Briefly stated, the case of the prosecution is that on 7th June, 1993, a Police party headed by S.I. Teg Bahadur Singh P.S. Madhu, District Ferozepore while on patrol duty in the area of Bikhiwind received secret information that Ravinder Singh (appellant herein) was selling poppy husk in a huge quantity at the Behak of one Bagicha Singh. On receipt of this information, S.I. Balkar Singh and other Police Officials of the CIA staff were also joined in the party and on the basis of rugga Exhibit PS, Formal FIR Exhibit PD/1 was registered at the above mentioned police station. It is further the case of the prosecution that the police tried to join public witnesses from village Baler but nobody joined. The police party raided the Behak of Bagicha of Singh where the appellant was found present with 20 bages of poppy husk. The appellant was given the option whether he would like to be searched before a Gazetted Officer or a Magistrate but he reposed confidence in the Investigating Officer, and then as a result of the search, 19 bags containing 40 kgs. poppy husk each and one bag containing 20kgs. poppy husk were found in the said Behak. It is further alleged that 250 gms. poppy husk was taken as a sample from each bag and then all the samples and the remaining poppy husk in the bags were separately sealed with seal mark 'TS' and taken into possession vide Memo Exhibit PB and the seal after use was handed over to HC Shamir Singh. The rough site plan Exhibit PC of the place of recovery was prepared and the appellant was informed about the grounds of his arrest. The case property was deposited with MHC Parkash Singh with seals intact. It is further alleged that on 8th June, 1993, the appellant and the case propertywere produced before the Ilqa Magistrate vide application Exhibit PC and thereafter, it was redeposited with the MHC. Sample were sent to the Office of the Chemical Examiner and as per report of the samples were found to be of poppy husk, Accordingly, the appellant was challaned under S. 15 of the NDPS Act.

(3.) The prosecution examined five witnesses. P.W. 1 Constable Harjinder Singh had taken 20 samples of poppy husk from MHC for depositing the same in the office of the Chemical Examiner. PW. 2 Shamir Singh ASI was one of the members of the raiding party. P.W. 3 Parkash Singh was the MHC at the relevant time. P.W. 4 Baldev Singh SI had produced the appellant-accused before the Ilaqa Magistrate along with the case property on 8th June, 1993, PW 5 Teg Bahadur Singh, SHO Makhu was the I.O. in this case.