TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment and order dated 3.2.1995 passed by the court of Additional Sessions Judge, Sangrur, who has convicted the appellant Teja Singh, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (N.D.P.S. Act), and sentenced him to undergo R.I. for ten years and to pay a fine of Rs. one lac in default of payment of fine, the appellant was directed to further undergo R.I. for two years.

(2.) THE brief facts of the case are that on 30.1.1992 the police party headed by A.S.I. Gurmukh Singh was going on patrol duty from the side of village chatha Nanhera to village Chhahar. When the police party reached near the same Nallah, Babu Ram, met him and he started talking with the incharge of the police party. In the meanwhile, appellant Teja Singh was found coming from the side of village Ratolan on a bicycle and on seeking the police party, he tried to slip away but was apprehended on the basis of suspicion. A.S.I. Gurmukh Singh enquired from the appellant that he wanted to take search of the gunny bag which he was carrying on the bicycle as he had suspicion that it might contain some narcotic drug. The A.S.I. also enquired from the appellant whether he wanted to be search in the presence of a gazetted police officer or a Magistrate but the appellant reposed faith in the Thanedar who took search of the appellant and found poppy husk in it. On weighment it came to be 40 kg. The Thanedar separated 500 grams of poppy husk and converted it into two samples of 250 grams each. The samples were sealed by Gurmukh Singh with his own seal bearing inscription "GS" and the remaining poppy husk was also sealed with the same seal and the case property along with bicycle was taken into possession vide recovery memo Ex. PA attested by Head Constable Nishan Singh and the independent witness Babu Ram who was also associated the police party. The sample seal was also prepared at the spot. From the personal search of the appellant, a knife was also recovered for which a separate case under Section 25 of the Arms Act was registered against him. The accused could not produce any licence or permit for the possession of the poppy husk. Resultantly, ruqqa Ex. PB was sent to the police station for the registration of the case on the basis of which formal F.I.R. Ex. PB/1 was registered. The Thanedar also prepared rough site plan Ex. PC of the place of recovery. He recorded the statements of the witnesses and returned to the police station and the case property and the accused were produced before the S.H.O. who resealed the case property with his seal bearing the inscription "BS". Finally, the sample of the poppy husk was sent to the office of the Chemical Examiner. After receipt of the report of the Chemical Examiner Ex. PE and on completion of investigation and formalities, the accused was challaned separately under Section 15 of the N.D.P.S. Act, and 25 of the Arms Act. Through this judgment I will only deal the matter of narcotic. Mr. S.K. Goyal, Judicial Magistrate 1st Class, Sunam, supplied the copies of the challan as required under Section 207 Cr. C.P. and vide commitment order dated 30.3.1992 committed the accused to the Court of Sessions in order to face trial under Section 15 of the N.D.P.S. Act.

(3.) VIDE order dated 31st July, 1995 the Additional Sessions Judge, Sangrur, framed charge under Section 15 of the N.D.P.S. Act against the appellant that on 30.1.1992 in the area of village Chatha Nanhera, he was allegedly found in possession of poppy husk weighing 40 kg. without any licence or permit and committed the offence punishable under the aforesaid Act. The charge was read over and explained to the appellant. He pleaded not guilty to the charge and claimed trial.