DARSHAN KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh alias Darshan Khan son of Shri Chanan Singh, a young man of 29 years, resident of village Bhadson District Patiala has filed the present criminal appeal and it has been directed against the judgment and order dated 5.5.1998 passed by the Additional Sessions Judge, Ludhiana who convicted the appellant under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for a period of one and half years for having been found in possession of 10 kilograms of opium without any licence or permit, on 5.12.1995 in the area of Bus Stand Khanna falling within the revenue limits of District Ludhiana. The facts of the case are being gathered by me from the evidence which has been recorded by the Trial Court as well as from the impugned judgment of the learned trial Court.

(2.) ON 5.12.1995, there was a secret information with the Senior Superintendent of Police, Khanna and Superindent of Police, Khanna Shri Gurmit Singh. On that day, Shri Bhupinder Singh. S.H.O., P.S. City, Khanna in the company of Head Constable Harbans Lal, Head Constable Hardev Singh and other members of the police party was present at New Bus Stand Khanna in connection with special nakabandi which was conducted under the directions of Senior Superintendent of Police, Khanna and Shri Rajbir Singh Inspector/S.H.O., Police Station Sadar Khanna. The police party had gone there under the supervison of Gurmit Singh, Superintendent of Police Head Quarter. Two persons alighted from the bus which came from the side of G.T. road. On seeing the police party those persons became perplexed. One of them started running towards the taxi stand and the other towards Amlon chowk. The person who was running towards taxi stand was chased by Bhupinder Singh (P.W.5), Head Constable Hardev Singh and other members of the police party. Shri Darshan Singh was apprehended and at the point of time he carried jhola in his right hand. On the basis of the suspicion Bhupinder Singh inquired from the appellant that the latter was in possession of some incriminating articles in the jhola, whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant replied that any officer may be called and he would not give search to Bhupinder Singh. Statement Ex.PC of the appellant was recorded in this case and it was signed by the appellant and attested by Head Constable Hardev Singh. Thereafter a wireless message was flashed and Ashwani Kapoor, Deputy Superintendent of Police came at the spot. Devinder Singh son of Jaswant Singh was also associated in the police party. On arrival of Shri Ashwani Kumar D.S.P. statement Ex.PA of the appellant was recorded which was signed by him and attested by Head Constable Hardev Singh and also by Devinder Singh. Bhupinder Singh gave his search to Shri Devinder Singh the independent witness and then in the presence of DSP Ashwani Kapoor, search of jhola being carried by the appellant, was taken. Opium was found lying wrapped in glazed paper. On weighment it came to 10 kilograms. Shri Bhupinder Singh separated 40 grams of opium and divided it into two parcels each weighing 20 grams. Remaining opium weighing 9.960 Kgs. was put in a tin of plastic and the entire case property was sealed by Bhupinder Singh with his own seal bearing inscription BS. Case property was taken into possession vide memo Ex.PD attested by Devinder Singh independent witness, Head Constable Hardev Singh and D.S.P. Ashwani Kumar. Personal search of the appellant was conducted and a sum of Rs. 462/- was recovered. This currency was taken into possession vide memo Ex.PD. Seal after use was handed over to Devinder Singh. Accused could not produce any permit or licence for the possession of opium. Ruqa Ex.PE/1 was sent to the Police Station on the basis of which formal F.I.R. Ex.PE/3 was recorded. Investigating Officer prepared rough site plan Ex.PF. He also recorded statement of the witness under section 161. Appellant was formally arrested. The case property was also handed over to Additional MHC Manjit Singh with seals intact and the appellant was put behind the bars in the Police Station. Later on samples of opium with specimen of the seal was sent to the Director, Forensic Science Laboratory who found the contents as morphine and on completion of the investigation appellant was challaned under Section 18 of the N.D.P.S. Act in the court of the Illaqa Magistrate who supplied copies of the documents to the accused and committed the appellant to the court of Sessions.

(3.) IN order to prove its charge, the prosecution examined D.S.P. Ashwani Kapoor (PW.1), Head Constable Hardev Singh witness of recovery as PW.2, Head Constable Manjit Singh with whom the case property was deposited as PW.3, Constable Bhupinder Singh who handed over case property in the office of the Director, Forensic Science Laboratory as PW.4 and Sub Inspector Bhupinder Singh, Investigating Officer as PW.5. The report Ex.PG of the office of the Forensic Science Laboratory was tendered in evidence.