DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 6.7.95/28.9.1995, of Additional Sessions Judge, Ambala, vide which accused- appellant Darshan Singh was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and sentenced to undergo ten years rigorous imprisonment and a fine of rupees one lac. In default of payment of fine he was further ordered to undergo rigorous imprisonment for a period of two years.

(2.) BRIEFLY stated the facts of the case are that on 15.6.1992, Harpal Singh, Sub Inspector, accompanied by H.C. Hari Singh, H.C. Karan Singh, constable Suresh Chand, Inder Singh and Jagat Singh, left the Police Station, C.I.A. Staff, Panchkula in connection with patrol duty and crime detection and when they were present on the crossing of industrial area, received a secret information that a young sikh boy aged about 23/24 years is coming from the side of Sector-19, Panchkula, carrying some opium and can be apprehended red- handed. On this information police party formed a raiding party and informed the D.S.P. Panchkula regarding the raid on wireless. In the meantime, the accused was seen coming from the side of Sector-19, Panchkula who on seeing the police-party tried to turn back but on suspicion he was apprehended. In the meantime, the D.S.P. also appeared who enquired into the matter and asked Harpal Singh S.I. to conduct the search of the accused. The search was conducted and from the search one kilogram of opium wrapped in a cloth tied across the waist was recovered. Out of the recovered opium two samples weighing 100 grams each were taken out and sealed into parcels by using the seal B.S. and were taken into possession vide memo Ex.PA. Ruqa Ex.PB was sent to the Police-Station on the basis of which FIR Ex. PB/1 was recorded. Site Plan Ex.PC was also prepared. Case property was deposited with the MHC. In due course, sample was sent to the office of Forensic Science Laboratory, Madhuban, for analysis and vide report Ex.PZ the sample was declared to be of opium. After completion of investigation, the accused was challaned and was sent to the Court to face trial. The case was committed to the Court of Session by the learned Ilaqa magistrate. The accused-appellant was charge- sheeted under Section 18 of the Act to which he did not plead guilty and claimed trial.

(3.) STATEMENT of the accused under Section 313 Cr.P.C was recorded and all the incriminating circumstances were put to him. He denied all the incriminating circumstances put to him and claimed himself to be innocent. The accused took a specific stand that he was having nothing in his possession when he was apprehended by the police and that he has been falsely implicated in this case.