JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 15th January, 2000 rendered by the Court of learned Special Judge, Ludhiana whereby he convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac or in default thereof, to further undergo rigorous imprisonment for six months under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act').

(2.) SHORN of all unnecessary details, the prosecution version may be projected like this. On 15th July, 1998, Gurcharan Singh, Sub Inspector/ Station House Officer among other police officials including Darshan Mal, Assistant Sub Inspector proceeded from Police Station, Dakha in Government jeep bearing registration No. PB -25 -6798 driven by Swaran Singh. Harikrishan PW came across the police party. He was associated with the said police party. When this party while approaching from the side of village Jangpur towards G.T.Road reached near railway crossing of Jangpur, the accused was spotted coming afoot from the opposite direction holding a jhola (bag) in his right hand. On catching sight of the police party, he took turn towards the ditches, which aroused suspicion in the mind of the abovementioned SHO, who intercepted the accused and told him that the bag in his hand was suspected to contain opium. He was offered to be searched before a Gazetted Officer or a Magistrate. He reposed confidence in the SHO. The consent memo Ex.PA was jotted down and it was attested by ASI Darshan Mal and Harikrishan PWs. On search of the bag, opium was recovered, out of which two samples each weighing 10 grams were drawn and converted into two separate parcels. The remainder when weighed came to 980 grams, which was also converted into a parcel. Thereafter, all the parcels were sealed with the seal bearing letters 'GS'. The seal after use was handed over to Darshan Mal, ASI. The case property was seized vide memo Ex.PB. On personal search of the accused, currency notes worth Rs. 90/ -, one watch and a purse were recovered. The same were also taken into possession vide recovery memo Ex.PC. The SHO arrested the accused, prepared the rough site plan, showing the place of occurrence and sent a ruqa Ex.PF to the police station, where on its basis formal FIR Ex.PF/1 was recorded. On return to the police station, the case property was deposited with MHC Pargat Singh. On receipt of the Forensic Science Laboratory's report Ex.PK and after completion of the investigation, charge - sheet was laid in the Court for trial of the accused.

(3.) TO bring home guilt against the accused, the prosecution has examined PW1 ASI Darshan Mal, PW2 SI Gurcharan Singh, Investigator, PW3 HC Pargat Singh, PW4 Constable Randhir Singh and closed its evidence by tendering the abovementioned report of the FSL.