JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 2nd May, 2000 rendered by the Court of learned Special Judge, Ferozepur whereby he convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for one year and under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act').

(2.) THE brief facts giving rise to this case are that on 21st March 1995, SI/SHO Major Singh in the accompany of other police officials, while in a government gypsy was standing on triangular link road leading from village Toothgarh to Zindra Chak Tara Wala etc., being on patrol duty. At about 4 PM one Ambassador car bearing registration No. DHD-8586 being driven by accused Jaswinder Singh came from the side of village Toothgarh. On suspicion that there were some intoxicants in the car, the same was made to stop. The accused was apprehended. He was offered to be searched before a Gazetted Officer or a Magistrate. He reposed his confidence in the aforesaid SI. His consent memo was prepared. On search of the car, three bags containing poppy husk were recovered. Two bags lay in the dicky whereas one bag was lying on the rear seat of the car. A sample of 250 grams was drawn from each bag to serve as sample. The same were converted into parcels. The residue of each bag when weighed came to 30 kgs. The same were also made into parcels. Thereafter, all the parcels were sealed with seal 'MS'. The specimen seal impression was prepared. The seal alter use was handed over to ASI Niranjan Singh. All the sample parcels were seized vide separate memo. Ruqa was sent to the police station. On its basis formal FIR was registered. On personal search of the accused, currency notes worth Rs. 70/- were recovered. The same were also seized vide separate memo. The grounds of arrest were disclosed to the accused vide separate memo. The aforesaid SI prepared the rough site plan showing the place of recovery, recorded the statements of the witnesses and on return to the police station, the case property was kept in the malkhana under the supervision of aforesaid SI. On receipt of the Forensic Science Laboratory's report and after completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate, who committed the case to the Court of Sessions for trial of the accused. On commitment, the accused was charged under Section 15 of the Act, to which he did not plead guilty and claimed trial. In order to substantiate its allegations, the prosecution has examined PW-1 Constable Kulwinder Singh, PW-2 ASI Niranjan Singh, PW-3 SI/SHO Major Singh, Investigator, PW-4 ASI Suba Singh and closed evidence.

(3.) AFTER hearing the learned Additional Public Prosecutor for the State, learned defence counsel and examining the evidence on the record, the learned trial Court convicted and sentenced the accuses as noticed at the outset. Feeling aggrieved with the judgment/order of sentence, he preferred this appeal.