KULDIP RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 25.10.1997 passed by the Court of Additional Sessions Judge, Jalandhar, who convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine the appellant was further directed to undergo rigorous imprisonment for two years.

(2.) THE brief facts of the case the that appellant Kuldip Ram along with Jagtar Singh and Nirmal Kumar faced a criminal charge under Section 15 of the Act on the allegations that on 28.6.1996 at about 4.00 P.M. in the area of village Virkan they were found in conscious possession of 912 kgs. of poppy husk contained in 24 bags without any licence or permit and thereby the present appellant and his two companions Jagtar Singh and Nirmal Kumar (since acquitted) committed an offence under the said Act.

(3.) ON 28.6.1996 S.I Sukhdev Singh, S.H.O., Police Station Goraya along with A.S.I. Satnam Singh, M.C. Joginder Singh and other police officials was going towards village Chachrari in connection with patrol duty and when the police party reached at the bus adda of village Chachrari, the incharge of police party received a secret information that Jagtar Singh alias Tari, Nirm Kumar alias Mindi and Kuldip Ram alias Bhinda were dealing in poppy husk and they had brought the poppy husk in huge quantity in the Haveli of Jagtar Singh alias Tari and if raid was conducted, poppy husk could be recovered along with the persons. On receipt of secret information a wireless message was sent to Assistant Superintendent of Police, Phillaur. Makhan Ram son Masib Chand was also associated in the police party before conducting the raid of the house of Jagtar Singh. Thereafter the police party reached village Virkan and conducted raid at the Haveli of Jagtar Singh alias Tari. Nirmal Kumar alias Mindi and Jagtar Singh alias Tari succeeded in running away while appellant Kuldip Ram was apprehended at the spot. The appellant told names of the persons who succeeded in running away as Jagtar Singh alias Tari and Nirmal Kumar alias Mindi. The appellant was asked whether he wanted his search to be conducted in the presence of a gazetted officer or a Magistrate. In the meanwhile, A.S.P. Shri Sharad Satya Chohan came at the spot with gunmen in a government gypsy. In the presence of the A.S.P. appellant gave has consent for a search of the Haveli. Consent memo Ex. PA was also recorded, which was thumb marked by the appellant and was attested by the witnesses including ASP Shri Sharad Satya Chohan. Thereafter a room of the Haveli was searched by SI Sukhdev Singh in the presence of ASP Shared Satya Choha ASI Satnam Singh and Makhan Ram, Public witness. 24 bags of poppy husk were found lying in the rook of the Haveli. 24 samples, each containing 2 grams poppy husk, were taken out from each of the bags. The contents of samples were put into separate pieces of cloth. Thereafter the remaining contents of the bags were weighed and each bag was found containing 37.750 grams poppy husk. The remaining poppy husk was put into the same bags. The samples and the bags were converted into parcels and those were sealed with the seals bearing impressions 'SS' and 'SSC' belonging to S.I. Sukhdev Singh and A.S.P. Sharad Satya Chohan respectively. The seal after use was handed over to A.S.I. Satnam Singh by S.I. Sukhdev Singh and A.S.P. Sharad Satya Chohan kept his seal with his after use. Sample impressions of the seals were also prepared. Thereafter the entire case property was taken into possession vide memo Ex.PB attested by A.S.I. Satnam Singh Makhan Ram and A.S.P. Shared Satya Chohan. The accused could not produce any licence or permit for possessing the poppy husk. Resultantly, ruqa Ex.PE was sent to the police station, on the basis of which formal F.I.R. No,34 dated 28.6.1996 was registered. The Investigating Officer also prepared rough site plan Ex.PF of the place of arrest. The statements of the witnesses were recorded under Section 161 Cr.P.C. on return to police station the case property with the samples was deposited with Vijay Singh, M.H.C. The remaining accused were also taken into custody during the course of investigation. Ultimately the sample of the poppy husk were sent to the office of the Chemical Examiner, who vide report Ex.PG declared the contents as 'Chura Poppy Head' and after the completion the investigation, the accused were challaned in the court of Illaqa Magistrate, who supplied the copies of the documents to the accused and vide commitment order dated 28.10.1996 committed the appellant and his companies to the court of Session in order to face the trial.