SAHAB SINGH ALIAS SABU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 11.5.1987 passed by the Additional Sessions Judge, Karnal, who convicted appellant Sahab Singh alias Sabu under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 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 further directed to undergo rigorous imprisonment for one year, for having been found in possession of 1 kilogram of opium on 10.3.1986 in the area of village Chaura, without any licence or permit.

(2.) BRIEF facts of the case are that on 10.3.1986, a police party headed by Sub Inspector Darshan Kumar, Station House Officer, Police Station, Gharaunda, comprised of Head Constable Shiv Kumar was present on the bridge of Chhoti Yamuna, in the area of village Chaura, in connection with general patrolling, when Sahab Singh appellant was seen coming from the side of river Yamuna and on seeing the police party the appellant tried to retrace his steps. As a result suspicion arose in the mind of Sub Inspector Darshan Kumar who apprehended the appellant. Sub Inspector Darshan Kumar then offered his search before conducting the search of the appellant. Upon search of the appellant opium was recovered which was lying wrapped in a glazed paper in a jhola. The opium was weighed and it came to 1 kilogram. 10 grams opium was separated by way of sample and made into sealed parcel. The remaining opium was separately sealed and the entire case property was taken into possession vide recovery memo Ex.PA attested by Head Constable Shiv Ram and Constable Har Gian. Seal after use was handed over to Head Constable Shiv Kumar. Accused could not produce any licence or permit for the opium and resultantly ruqa Ex.PB was sent to the Police Station for registration of the case, on the basis of which formal F.I.R. Ex.PB/1 was recorded by Sub Inspector Gurdial Singh. Sub Inspector Darshan Kumar then prepared rough site Ex.PC of the place of recovery. He recorded statements of the witnesses. The case property with seals intact was handed over to M.H.C. of the Police Station. Finally sealed parcel of the sample was sent to the office of the Chemical Examiner who vide report Ex.PD declared the contents as opium. On completion of the investigation of the case and after completing other formalities the appellant was challaned in the court of Ilaqa Magistrate who supplied copies of the documents to the accused and vide commitment order dated 18.9.86 committed the accused to the court of sessions.

(3.) IN order to prove charge, prosecution examined Head Constable Shiv Kumar as PW.1 and Sub Inspector Darshan Kumar appeared as PW.2. Head Constable Gurdeep Singh (PW.3) gave his statement on affidavit being of formal in nature. Similarly Constable Sukh Lal (PW.4) gave his statement by way of affidavit. Final report of the Chemical Examiner was tendered into evidence.