DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 18.5.2000 passed by the Court of learned Additional Sessions Judge Ferozepur, whereby he convicted and sentenced Dharam Singh accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) THE facts in brief of the prosecution case are that on 12.8.1996, SI Gurvinder Singh among other police officials was proceeding towards village Wara Bhai Kaon on government Gypsy bearing registration No. PB-05-3087. When they neared the bridge of twin canal in the aforesaid area, he received secret information that the accused Dharam Singh was present in the fields in his motor along with huge quantity of poppy husk and if raid is conducted, he can be caught red handed and poppy husk can be recovered. On raid, the accused was found sitting on 3 gunny bags placed outside the room meant for electric motor. He was apprised of his right to be searched in the presence of a Gazetted Officer or a Magistrate as he was suspected to be in possession of some contraband. He offered to be searched in the presence of some Senior Police Officer. On receipt of wireless message, Sajjan Singh, DSP commando came at the spot. Meanwhile, Gurdial Singh Lambardar was also joined in the Police party. On the direction of the aforementioned DSP, the search of the bags was carried out by SI Gurvinder Singh. The contents of the same were found to be poppy husk. 250 grams of poppy husk was drawn from each bag to serve as sample and converted into a parcel. The remainder of 2 bags when weighed came to 44 Kg.750 grams which was also turned into a parcel. Thereafter, all the parcels were sealed with the seal GS and seized vide recovery memo. The sample seal was prepared. The seal after use was handed over to ASI Sukhmander Singh. The Sub Inspector prepared the rough site plan showing the place of recovery, recorded statements of witnesses and sent the sample parcel for analysis to the office of the Chemical Examiner, Bathinda. On receipt of chemical examiner's report and after completion of investigation, the charge-sheet was laid in the Court of learned Chief Judicial Magistrate. He committed the case to the Court of Sessions for trial of the accused.

(3.) IN order to substantiate the allegations, the prosecution has examined PW-1 SI Manjit Singh, PW-2 Constable Nirmal Singh, PW-3 Constable Sukhdev Singh, PW-4 ASI Sukhmander Singh, PW-5 SI Gurvinder Singh and closed its evidence by tendering chemical examiner's report, Exh. P13.