RAMU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 24th November, 2001 rendered by the Court of learned Judge, Special Court, Mansa, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act').

(2.) TERSELY put, facts of the prosecution case are that on 29.6.2000 ASI Rajinder Singh among other police officials was proceeding from the side of village Bachhoana towards village Ralli on unmetalled passage being on patrol duty in a government canter No. PB-03-1017 driven by Constable Sukhchain Singh. When they reached the bridge of canal minor in the area of village Bachhoana, the accused was spotted sitting on the bags on the right side of the bridge of canal minor towards village Ralli. On suspicion, the aforesaid ASI stopped the canter and apprehended the accused. Meanwhile, Bora Singh son of Gurbax Singh resident of village Mehmra came from the Ralli side. He was also joined in the police party. The aforementioned ASI told the accused that the bags were suspected to contain some contraband and asked him to tell, whether he wants the bags to be searched before a Gazetted Officer or a Magistrate. He offered the same to be searched in the presence of some Gazetted Officer. His consent memo was prepared. On receipt of message, Amrik Singh DSP (D), Mansa came at the spot in his Gypsy alongwith his gunman. He also introduced himself to the accused and asked him to tell whether he wanted the bags to be searched in the presence of a Gazetted Officer or a Magistrate. The accused expressed his faith in him. On the direction of DSP, the bags were searched by the aforementioned ASI. Three bags lay in low lying land. Equal number of bags was lying by the side of those bags. One bag was lying on the bags which lay on the low lying bags. Total bags were seven in number. On checking, the contents of these bags were found to be poppy husk. Two samples of 100 grams were drawn from each bag and converted into parcels. The residue of each bag when weighed came to 34 kgs., which was also made into parcel. Thereafter, all the parcels were sealed with seal 'RS'. The seal after use was handed over to Bora Singh. All these parcels were sized vide recovery memo. On personal search of the accused, currency note worth Rs. 65 were recovered, which were also taken into possession. Ruqa was sent to the police station. On its basis formal FIR was recorded. Rough site plan showing the place of recovery was prepared. On return, the accused and all the sample parcels were produced before ASI Paramjit Singh SI/SHO, Police Station, Budhlada, who after verification, affixed his own seal 'PS' on all the sample parcels. On receipt of the Chemical Examiner's report and after completion of investigation, charge-sheet was laid in the Court for trial of the accused. The accused was charged under Section 15 of the Act, to which he did not plead guilty and claimed trial.

(3.) WHEN examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence as well as false implication. He did not lead any evidence in his defence.