JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGIR Singh son of Teja singh has preferred the instant appeal for assailing his conviction and sentence. He has been convicted under Section 15 of the narcotic Drugs and Psychotropic substances Act (hereinafter to be referred as the Act')and has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default of payment of which to further undergo RI for two years.

(2.) THE case set out in the FIR is that on 16-7-1996 ASI Fauja Singh of CIA staff Jeera along with his companion police offioials was on patrol duty, when he is said to have received a secret information that the appellant deals in poppy husk and in case a raid is conducted, heavy recovery can be effected. Accordingly he recorded a ruqqa and sent the same to police station at 11-30 AM and proceeded towards the spot. The accused was found present there. Before conducting raid, a message was flashed to DSP Baljinder singh asking him to reach the spot. On interrogation the accused /appellant made a disclosure statement (Exhibit P1) under section 27 of the Indian Evidence Act, wherein he disclosed that he had concealed five bags of poppy husk in the sand dunes, which is only to his knowledge. " In pursuance of the disclosure Statement, he got recovered five bags of poppy husk, each weighing 35 Kgs. The same were taken into possession vide recovery memo. Exhibit P2. It would be pertinent to mention here that both the documents i. e. Disclosure statement and the recovery memo are witnessed by HC. Dalbir singh and HC Sukhdev Singh, though they have been drawn by ASI Fauja Singh. Suffice it to say, no independent witness has been associated.

(3.) AFTER completion of investigation challan under Section 173 Cr. P. C. was submitted. Charge was framed by the learned additional Sessions Judge, Ferozepur, to which the appellant pleaded not guilty and claimed trial.