IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Iqbal Singh and has been directed against the judgment and order dated 17.9.1996, passed by the court of Addl. Sessions Judge, Amritsar, who convicted the appellant u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for one year for allegedly having been found in possession of 900 grams of opium on 26.6.1995 in the area of Amritsar, without any licence or permit.

(2.) THE brief facts of the prosecution story are that on 26.11.1995, ASI Ajmer Singh along with HC Baldev Singh and Rakesh Batra, PW, and members of the police party was present in Chowk Khazana Gate, Amritsar. In the meantime, the appellant came from the side of Jhabal Road at about 7.45 p.m. On seeing the police party, he tried to take a turn but on the basis of suspicion, he was apprehended. He was given the option to be searched before the gazetted officer or the Magistrate and the appellant exercised his option to be searched in the presence of a gazetted officer. His statement to this effect, Ex. PA, was recorded. It was read over and explained to the appellant who signed the same in token of its correctness. The same was also attested by the witnesses. Thereafter, a wireless message was sent to the DSP Kanwaljit Singh, who came at the spot and in his presence the person of the accused was searched, which led to the recovery of 900 grams of opium wrapped in a glazed paper. Opium was found lying in the Jhola held by the accused. The ASI separated 10 grams of opium by way of sample and made a sealed parcel thereof by using the double seal of 'AS' and 'KS' and the remaining opium was separately sealed with the same seal and the entire case property was taken into possession vide recovery memo, Ex. PB. Accused could not produce any licence or permit for the possession of opium. Resultantly, Ruqa, Ex. PD, was sent to the Police Station 'D' Division, Amritsar, for the registration of the FIR, on the basis of which, formal FIR Ex. PD/1, was recorded by ASI Baldev Singh. The IO prepared the rough Site Plan, Ex. PE, of the place of recovery. From the personal search of the appellant, a sum of Rs. 121/- was recovered and this currency was also taken into possession vide recovery memo, Ex. PC. On return to the police station, the accused along with the case property was produced before the SHO, Police Station 'D' Division, Amritsar, who put the case property in double lock. The sample of the opium was sent to the office of the Chemical Examiner, who vide report Exh. PF, declared the contents as opium. On the completion of the investigation of the case, the appellant was challaned u/s 18 of the Act in the court of the Illaqa Magistrate, who supplied the copies of the documents to the appellant free of cost as required under the law and vide commitment order dated 15.9.1995, committed the appellant to the court of sessions.

(3.) IN order to substantiate the charge, the prosecution examined ASI Ajmer Singh, PW-1, Constable Rakesh Kumar PW-2, who gave his statement by way of an affidavit, SI Prabdev Singh, PW-3, and DSP Kanwaljit Singh, PW-4. Constable Dilbagh Singh, HC Baldev Singh, ASI Baldev Singh and ASI Som Raj were given up as unnecessary. Rakesh Batra, witness joined by the police party was given up by the prosecution as having been won over by the accused.