GURNAM SINGH Vs. STATE OF PUNAJAB

JUDGEMENT

(1.) THIS is the Criminal Appeal and has been directed against the judgment and order dated 15.7.1997 passed by the Court of Additional Sessions Judge, Ludhiana who convicted the appellant Gurnam Singh under Section 18 of Narcotic Drugs & Psychotropic Substances Act and sentenced him to undergo rigorous imprisonment for ten years and the appellant was further directed to pay a fine of Rs. 1 lac. In default of payment of fine, he was further sentenced to undergo R.I. for two years.

(2.) THE brief facts of the prosecution can be described in the following manner :-

(3.) AS per the prosecution on that day Police Party headed by ASI Jasmer Singh (PW-2) Incharge P.P. Bassian alongwith Head Constable Karamjit Singh (PW-1) and others was going on patrol on bicycles from village Bassian to village Jhodran. PW Surinder Singh son of Ranjit Singh resident of Akhara was also going to village Bassian and he was associated in the Police Party near the crossing of the road leading to village Jhodran. At about 12 noon when the Police Party reached at T-point in the area of village Sattowal the accused was seen coming from the opposite direction. On seeing the Police Party, he tried to take turn towards village Sattowal. On the basis of suspicion, he was apprehended by the Thanedar. Accused at that time was carrying a plastic bag in his hand. The Thanedar told the accused that he wanted to search the bag and whether the latter wanted to be searched in the presence of a Gazetted Officer or Magistrate. Statement Ex. PA of the accused was recorded. It was read over and explained to the accused who signed the same and was attested by Karamjit Singh HC and Surinder Singh aforesaid witnesses. Thereafter, ASI Jasmer Singh PW-2 took the search of the bag and found opium in it. On weighment, it came into 500 grams. The Thanedar separated 20 grams of opium from the bulk and made two sealed parcels each containing 10 grams of opium with his own seal bearing inscription 'JS'. The remaining bulk of the opium and the entire case property was taken into possession vide recovery memo Ex. PB attested by the said witnesses. Accused could not produce any permit or licence for the possession of the opium. Ruqa Ex. PE was sent to the Police Station for the registration of the case and on the basis of which formal FIR Ex. PE/1 was recorded in the Police Station on 14.12.94 vide DDR No. 13. Jamatalashi memo Ex.PC after arrest of the appellant was prepared. It was attested by HC Karamjit Singh and independent witness Surinder Singh. The Thanedar also prepared rough site plan of the place of recovery. On the same day, the appellant was produced before the Inspector Ajit Singh along with the case property who resealed the case property with his own seal bearing inscription 'AS'. Thereafter the case property was deposited in the Malkhana with the Moharrir Head Constable.