UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Ujagar Singh son of Bachan Singh directed against the judgment and order dated 4.11.1997 passed by the Court of Additional Sessions Judge, Ludhiana, who convicted the appellant under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, and sentenced him to undergo RI for ten years and to pay a fine of Rs. one lac. In the default of payment of fine, the appellant was furhter directed to undergo R.I for two years.

(2.) THE facts of the case are that on 9th May, 1994, S.I. Nirbhai Singh was Incharge of Police Post Jodhan. On that day, he alongwith A.S.I. Dalip Kumar, Constables Gurdev Singh, Gurmit Singh, and P.H.G. Kulwant Singh was patrolling in Govt. vehicle bearing No.PB -l0 -B 9440 driven by Parveen Kumar. The police party was going on the metalled road from the side of village Phallewal to Village Jordhan. When the police party crossed the canal, the appellant was spotted sitting in a garden of Kinnues, having concealed himself behind a Kinnu tee. It give suspicion to S.I. Nirbhai Singh who ordered for the stopping of the vehicle and on the basis of suspecion, the appellant was apprehended. The appellant was holding a bag Ex.P -2 in his hand. S.I. Nirbhai Singh enquired from the appellant whether he wanted to give his personal search and that of the bag in the presence of some gazetted officer or a Magistrate. The appellant, however, reposed confidence in the S.I. statement Ex.PA of the appellant was recorded and it was read over and he signed the same in token of its correctness and attested by S.I. Nirbhai Singh. Thereafter the investigating officer took the search of the back and found poppy husk in it. On weighment, it came to 15 Kg. The SI Separated 250 grams of poppy husk and made two separate samples each. The remaining poppy husk was separately sealed with the seal of 'NS' and the seal was handed over to A.S.I. Dalip Kumar. The entire case property was took into possession vide recovery memo Ex.PB attested by the witnesses. S.I. Nirbahai Singh also prepared sample seal used on the case property. A sum of Rs. 20/ - was recovered from the personal search of the accused and this amount was was taken into possession vide memo Ex.PC. The appellant could n produce any licence or permit for the possession and resultantly ruqa Ex.PD was sent to the Police Station Dehlon through Constable Gurmit Singh and formal F.I.R. Ex.PD/1 was recorded by S.I. Gurmail Singh. The police also prepared rough site plan Ex.PE. On return to the Police Station the case property was produced before the S.H.O. Gurmail Singh who verified the investigation the case and resealed the case property with the own seal bearing inscription 'GS'. One sample was sent to the Chemical Examiner who vide report Ex.PF declared the contents as "Chura" of poppy husk and on the completion investigation, the appellant was challaned in the Court of the Illaqa Magisrate who supplied the copies of the documents to the appellant and vide commiment order dated 15.10.1994 committed the appellant to the Court of sessions Vide order dated 30.11.1994 the trial Court framed a change under Section I of the N.D.P.S. Act against the appellant on the allegations that on 9th May 1994 in the area of village Phallewal, he was found in possession of poppy husk weighing 15 kg.without any licence or permit. The charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

(3.) IN order to prove the charge against the accused, the prosecution examined S.I. Nirbhai Singh, the investigating Officer, as PW -1, A.S.I. Dalip Kumar, the witness of recovery as PW 2, S.I Gurmail Singh PW -3 who resealed the case property. The prosecution. also tendered in evidence Ex.PF the report of the Chemical Exmainer, besides the affidavit of the formal witnesses closed the case.