KEWAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction dated 06.08.2014 passed by the Judge, Special Court, Fatehgarh Sahib, vide which the appellant was held guilty of offence punishable under Section 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), for having found in possession of 52 kg of poppy husk, in FIR No.104 dated 20.08.2012 under Sections 15/61/85 of NDPS Act, Police Station Sirhind and vide order of sentence of even date, he was awarded R.I. for 10 years and to pay a fine of Rs.1,00,000/-. In default of payment of fine, the appellant was further ordered to undergo one year R.I.

(2.) This appeal was filed by a legal aid counsel appointed by the High Court Legal Services Committee and is in the category of cases, which are listed on Saturdays as special category cases.

(3.) Brief facts of the case are that on 20.08.2012, ASI Sukhwinder Singh along his co-officials, while on patrol duty on a private vehicle, was present in Village Bhamarsi near a Petrol Pump. At about 8.30 a.m., two persons were seen coming from the side of village on a scooter bearing registration No.PB-23-8613. The pillion rider was carrying a plastic bag in his lap. ASI Sukhwinder Singh signalled them to stop and on seeking the police party, both the accused tried to run away, however, the police party apprehended them. On enquiry, the person, who was driving the scooter, informed his name as Paramjit Singh @ Pamma and the pillion rider disclosed his name as Kewal Singh (appellant). Thereafter, ASI Sukhwinder Singh disclosed his identity and apprised both of them that he suspects that they are carrying contraband in their possession and he wants to conduct a search and they have a right to get themselves searched either before a Magistrate or some Gazetted Officer. On this, both the accused persons reposed confidence in the ASI and a joint consent memo Ex.PC was prepared, which was signed by both of the accused persons and it was witnessed by HC Buta Singh and HC Hans Raj. Thereafter, the search of polythene bag was conducted and poppy husk was recovered. Both the accused persons failed to give any satisfactory reply. Thereafter, two samples weighing 250 grams each were prepared and on weighment, residues came to 51 kg 500 gram. Samples and bulk residue were converted into separate parcels and ASI Sukhwinder Singh sealed the same with impression SS and prepared a sample chit Ex.PD and he handed over the seal HC Buta Singh. The recovered contraband was taken in police possession by preparing a recovery memo and a ruqa Ex.PF was sent to the Police Station through HC Hans Raj, on which of which, FIR Ex.PF/1 was registered by ASI Harminder Singh. In the personal search of co-accused Paramjit Singh, Rs.150/- were recovered vide recovery memo Ex.PG and from the personal search of appellant, Rs.130/- were recovered vide recovery memo Ex.PH. Vide separate arrest memos, both the accused persons were arrested and the site plan was prepared and statements of the witnesses were recorded. Thereafter, ASI Sukhwinder Singh brought the case property along with accused and witnesses to the Police Station and produced them before the SI Deepinderpal Singh SHO, who verified the same and affixed his seal with impression DP as also on the sample chit Ex.PD and the case property was deposited with the MHC of the Police Station. Thereafter, both the accused persons along with case property were produced before the Illaqa Magistrate and an application Ex.PL was moved. One sample of 250 gram was taken out in the Court from the bulk and was kept as representative sample. The said sample and bulk parcel were sealed with seal of the Court. The order Ex.PL/1 was passed by the Magistrate. Thereafter, the case property was redeposited with the MHC. On 21.08.2012, ASI Sukhwinder Singh took the case property from the MHC except the sample parcels and sample chit for depositing the same in the judicial malkhana and the same was sent to the Chemical Examiner. On receipt the report from the Chemical Examiner, challan under Section 173 Cr.P.C. was presented and the charge was framed under Section 15 of the NDPS Act, to which both the accused did not plead guilty and claimed trial.