GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JUDGMENT :- Appellant-Gurmit Singh faced trial before the Learned Additional Sessions Judge, Patiala, in Sessions Case No. 39-T of 28-5-1990 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) and was accordingly convicted and sentenced to undergo Rigorous Imprisonment for ten years, to pay a fine of Rs. 1 lakh and in default to undergo further rigorous imprisonment for two years. Aggrieved by the same accused-Gurmit Singh has preferred this appeal.

(2.) The case of the prosecution is as follows :-On 7-1-1990 ASI-Darbara Singh along with the other members of the police party was checking on the Canal Bridge in the revenue limits of village Dhanetha, Dalip Singh was also associated with them. At about 6 A. M. a truck bearing registration No. HNQ-3900, driven by accused-appellant-Gurmit Singh came from the side of village Retgarh, and was stopped. Co-accused-Nishan Singh who died during the pendency of the trial, was sitting near the driver. ASI Darbara Singh (PW-6) informed them that he wanted to search their person and the truck and that they could be searched in the presence of a Gazetted Officer or a Magistrate. The accused are alleged to have expressed confidence in ASI- Darbara Sing conducting the search, who recorded their consent statements (Exhibits PA and PB) duly signed by them. On a search of the truck, it was found to contain 100 bags of poppy husk. 250 grams of husk was taken out from each bag as sample, and thereafter each bag was found to contain 35kgs. of poppy husk on weighment. The samples and the remaining gunny bags were sealed and taken into possession, apart from the Tarpauline, rope and the truck as per memo Ex. P.C. By searching appellant-Gurmit Singh Rs. 120/-, and accused Nishan Singh Rs. 250/- respectively were seized under memo Ex. PD and Ex. PE. The R. C. of the truck and the driving licence of the appellant were seizued under memo Ex. PF. ASI-Darbara Singh sent memo to the police station on which the formal F.I.R. was registered. The case property was deposited with MHC Gurdial Singh as the Station House Officer was not present in the police station. On receipt of the report of the Chemical Examiner, the accused were charge-sheeted accordingly.

(3.) The prosecution examined ASI-Darbara Singh as PW-6, Madan Lal Clerk of the office of the Registration Authority as PW-1 and the other police officials as PWs. 2 to 5.