BHAJAN SINGH ALIAS GHOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/order of sentence dated 16.12.1999 rendered by the Court of learned Special Judge, Ferozepur, whereby he convicted and sentenced Bhajan Singh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- or in default thereof, to further undergo rigorous imprisonment for 2 years under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) SHORN of all unnecessary details, the facts of the prosecution case are that on 31.1.1998, SI Major Singh, S.H.O., Police Station Mallanwala, among other police officials happened to be present at the Bridge of Semnala (Seepage Drain) in the area of Village Arifke where they had set up Naka in connection with patrolling and checking of anti-social elements. Meanwhile, Bhajan Singh came on an un-numbered scooter, make Bajaj Chetak from Ferozepur side, which was being driven by Sukhwinder Singh (since deceased). Bhajan Singh was riding on the pillion of the Scooter. On suspicion, the same was made to stop. The above mentioned Sub-Inspector got suspicious of there being some intoxicant material in the scooter. He told both the accused that he wants to carry out their personal search as also of their Scooter. They were offered to be searched before a Gazetted Officer or a Magistrate. They offered to be searched before a Gazetted Officer. Their respective consent memos. were prepared. A wireless message was sent to DSP Joginder Kumar, Sub Division, Ferozepur. He along with his gunman, came at the spot around 4.00 P.M. He disclosed his identity to the accused. He asked them as to whether they wanted to be searched in his presence or in the presence of a Magistrate. By reposing confidence in D.S.P, they replied that they have no objection if their Scooter as well as their person is searched in his presence. On search of the dicky of the Scooter by the above mentioned Sub-Inspector, opium duly wrapped in a glazed paper yielded. Ten grams of opium was separated to serve as a sample. The same was converted into a parcel. The remainder, when weighed, came to 2 Kg. 990 grams which was also made into a parcel. Both the parcels were sealed with the seal 'MS'. The specimen seal impression was prepared. The seal, after use, was handed over to ASI Joginder Singh. The case property along with Scooter was seized vide separate recovery memos. On personal search of Sukhwinder Singh, currency notes worth Rs. 60/- were recovered which were taken into possession. On personal search of accused Bhajan Singh, currency notes worth Rs. 110/- were recovered. The same were also seized vide separate memo. Both the accused were arrested. On return to the Police Station, the case property was kept by the Sub-Inspector Major Singh in his own custody. On 1.2.1998, he handed over the entire case property along with the accused to ASI Joginder Singh, who after producing them before the Magistrate, along with case property, brought them back. The aforesaid Sub-Inspector kept the case property in his own custody. The accused were locked in the Police lock-up. On receipt of Chemical Examiner's Report and after competition of investigation, the charge sheet was laid in the Court for trial of the accused under Section 18 of the Act. The accused were charged under Section 18 of the Act to which they did not plead guilty and claimed trial.

(3.) ON close of the prosecution evidence, when examined under Section 313 of the Code of Criminal Procedure, Bhajan Singh alias Ghola accused denied all the incriminating circumstances appearing in the prosecution evidence against him. He has come with the plea that "I was coming from Ferozepur City to my village. On the way near Zira gate, Sukhwinder Singh met me and I took lift on his scooter. Nothing was recovered from me. I have been falsely implicated in this case and my signatures were obtained on blank papers in the Police Station. I will lead evidence in defence."