JODHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 16th May, 1997 passed by the Court of Additional Sessions Judge, Hoshiarpur, who convicted the appellant Jodha Singh under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, the appellant was ordered to undergo further rigorous imprisonment for two years.

(2.) JODHA Singh son of Phuman Singh faced trial under Section 18 of the Act on the allegations that on 4th September, 1995 he was allegedly found in possession of 250 grams of opium in the area of village Mohnowal without any permit or licence. Brief facts of the case are that on 4th September, 1995 A.S.I. Balwinder Singh of C.I.A. Staff, Garhshankar, along with Head Constable Sawinder Pal, Constable was going in a Govt. vehicle Allwyn Nissan driven by constable Mashinder Pal, in connection with patrolling. When the Police Party reached on the culvert of canal minor in the area of village Mohnowal, one person was seen coming from the side of that village and on seeing the Police Party he became frightened and tried to slip away but on suspicion he was apprehended by A.S.I. Balwinder Singh with the help of other police officials. The Thanedar tried to associate some independent persons but none was willing to join them. The Thanedar inquired from the accused whether he wanted to be searched before a Gazetted Officer or Magistrate, to which the accused reposed confidence in the Thanedar. His search was conducted by the Thanedar (ASI Balwinder Singh) as per rules. From his personal search, opium wrapped in a glazed paper was recovered from the right pocket of his shirt. The accused could not produce any valid licence or permit for keeping the opium in his possession. Earlier the Thanedar recorded the statement of the accused- appellant vide consent memo. (Ex.PD) about his agreeing to give search to the Thanedar without the presence of the Gazetted Officer or Magistrate. On weight the opium recovered from the accused was found to be 250 grams. Entire opium was taken into possession vide recovery memo. (Ex.PE) attested by Head Constable Surinder Pal and Constable Ram Lubhaya. In the meanwhile D.S.P. Sarwan Singh also came at the spot. The accused and the sealed parcel of the case property containing 250 grams of opium were presented before the D.S.P., who broke the seals of the bulk of the opium and separated 10 grams of opium by way of sample and the remaining opium weighing 240 grams was separately sealed. The D.S.P. used his own seal bearing inscription 'SS' and the entire case property was again taken into possession vide recovery memo. (Exhibit PB) attested by Head Constable Surinder Pal and Constable Ram Lubhaya. The accused could not produce any permit or licence for the possession of the opium. Ruqa (Ex.PF) was sent on the basis of which formal F.I.R. (Ex.PF/1) was registered at Police Station Garhshanker. This ruqa was sent by A.S.I. Balwinder Singh on 4th September, 1995. Said Balwinder Singh also prepared rough site plan of the place of recovery.

(3.) IN order the prove the charge, the prosecution examined P.W.2 Sarwan Singh, D.S.P., P.W.4 Head Constable Sawinder Pal and P.W.5 A.S.I. Balwinder Singh. The prosecution also tendered into evidence the report of the Chemical Examiner (Ex.PH), and closed its case.