NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Niranjan Singh son of Shri Sardara Singh, a young boy of 26 years, has filed the present criminal appeal and it has been directed against the judgment and order dated 3.7.1996 passed by Additional Sessions Judge, Barnala, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to further undergo R.I. for six months.

(2.) THE brief facts of the case are that on 25.8.1995 SI Kuldeep Singh, incharge Police Post Mandiaya along with HC Mangat Rai, HC Yadwinder Singh and Constable Jagtar Singh was present in the area of Main Bathinda Road towards Khudi Khurd and when they reached the bridge of canal minor, appellant Niranjan Singh was seen coming from the side of village Handiaya via bank of the canal minor and on the basis of suspicion he was apprehended by SI Kuldeep Singh in the presence of other members of the police party. SI Kuldeep Singh enquired from the appellant as to whether the latter wanted to give the search in the presence of some Gazetted Police Officer or Magistrate, but the appellant reposed confidence in the Thanedar, who recorded his statement Ex. PF to that effect. Thereafter SI Kuldeep Singh took the search of the person of the appellant in the presence of the members of the police party and one Chhota Singh who happened to be one of the members of the police party and from the left dub of the Pajama of the appellant opium was recovered. On weighment it came to 620 grams. The Thanedar separated 20 grams of opium by way of sample and converted this quantity of opium into two samples of 10 grams each. The Thanedar put his own seal bearing inscription 'KS' on the sample parcels and the seal after use was handed over to HC Yadwinder Singh. The remaining opium was separately sealed with the seal bearing inscription 'KS'. The appellant could not produce any licence or permit for the possession of the opium. Resultantly, ruqa Ex. PK was sent to Police Station Barnala for the registration of the case on the basis of which formal FIR Ex. PK/1 was recorded by ASI Ajit Singh. The Investigating Officer SI Kuldeep Singh took the case property into possession vide recovery memo Ex. PH. He prepared the jamatalasi memo Ex. PJ and the alleged consent statement of the appellant is Ex. PF on the record. Special report was also sent to the higher authorities under Section 57 of the Act. The Investigating Officer also prepared the rough site plan Ex. PL of the place of arrest and on return to police station he produced the case property and the appellant before Inspector Gurbans Singh, who re-sealed the case property with his own seal bearing inscription 'GS'. The samples of the opium were sent to the office of the Chemical Examiner, who vide report Ex. PG declared the contents as opium and on completion of the investigation of the case, the appellant was challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 20.10.1995 committed the appellant to the Court of Session.

(3.) IN order to prove the charge, the prosecution examined PW1 DSP Narjinder Singh, who proved the special report Ex. PA and endorsement Ex. PA/1 by stating that special report was received by him and on receipt of the same he made the endorsement on it. SI Gurbans Singh appeared as PW2, who re-sealed the case property with his own seal bearing inscription 'GS' and further he deposed that after the receipt of the case property he handed over the same to MHC Devinder Singh along with the samples for onward transmission to the office of Chemical Examiner. Constable Inderjit Singh appeared as PW3 and he gave his statement on affidavit Ex. PC. Similarly the affidavit Ex. PD of MHC Devinder Singh was tendered into evidence besides the report of the Chemical Examiner. HC Yadwinder Singh appeared as PW4 and Investigating Officer SI Kuldeep Singh appeared as PW5 and both these witnesses have supported the allegations of the prosecution as stated above.