JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/order of sentence dated 20th November, 1995 whereby the Court of learned Additional Sessions Judge, Sangrur convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac and in default thereof, to further undergo rigorous imprisonment for one year under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act').

(2.) THE factual matrix is that on 29th April, 1994, Sub Inspector Harmel Singh among other police officials including Head Constable Rajwinder Singh was going on the pavement of the drain on the kucha path towards side of Village Chhahar. When the police party reached the place from where a pucca water- course passes under the drain, the accused was found sitting on three gunny bags. On suspicion, he was apprehended. SI Harmel Singh told the accused that he wanted to search him. He was offered to be searched in the presence of a Gazetted Officer or a Magistrate. The accused expressed his faith in him and offered himself for the search. In this regard memo Ex.PA was written, which was thumb marked by the accused, attested by HC Rajwinder Singh and C-II Malkiat Singh. A wireless message was flashed to Deputy Superintendent of Police, Sunam, who on receipt of same, came at the spot. On search of the gunny bag in his presence, poppy husk was recovered. Two samples of 250 grams each were drawn from each bag. The remainder of each bag when weighed came to 33 kgs. 500 grams. The samples and the gunny bags were converted into parcels, which were sealed with the seal bearing impression 'HS' as well as 'SS'. These bags Exs.P-5 to P-7 were seized vide recovery memo Ex.P8, attested by HC Rajwinder Singh as well as Constable Malkiat Singh. The specimen seal impression Ex.P1 was also prepared. The seal after use was handed over to HC Rajwinder Singh. Ruqa Ex.PC was sent to the police station, where on its basis formal FIR Ex.PC/1 was recorded. The rough site plan Ex.PD showing the place of occurrence was also prepared by SI Harmel Singh. On return to the police station, the case property was deposited with MHC Jagga Ram with seal intact. After completion of the investigation, challan was presented in the Court of learned Illaqa Magistrate, who after compliance of the provisions of Section 207 of Cr.P.C. committed the case to the Court of learned Sessions Judge. 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. He came up with the plea that "I am innocent. I have been falsely implicated. Surinder Singh was working DSP prior to the recovery. Joginder Singh @ Ginder Singh my brother filed a writ petition in the High Court and a raid was conducted on the Police Station, Sunam. Due to that the police was annoyed with me for filing the writ. I was arrested from my house. SI Harmel Singh gave me bearing and abuses. After that this case was planted upon me." He offered to lead defence evidence, which he closed by tendering the postal receipt Mark-'A' and complaint Mark-'B'. After hearing the learned Additional Public Prosecutor for the State, learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling dissatisfied with the same, he preferred the instant appeal.