BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Balbir Singh s/o Shri Baldev Singh has filed the present appeal which has been directed against the judgment and order dated 26.7.1996, passed by the court of the learned Sessions Judge, Hoshiarpur, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the NDPS Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was further directed to undergo R.I. for 3 years.

(2.) THE story of the prosecution can be summarised in the following manner :- On 16.5.1994, SI Jaswant Singh, SHO Police Station Hariana, along with the other members of the police party was going on patrol in a Government vehicle; Gypsy No. PIR-331. When the police party reached near the Cho Bariana at about 5.30 PM; the appellant was seen coming on a scooter bearing Registration No. PB 07-A-8630 from the opposite side. On the basis of suspicion, the appellant was apprehended. On interrogation, he disclosed his name as Balbir Singh s/o Baldev Singh, Jat, resident of village Bhalana, Police Station Hariana, District Hoshiarpur. SI Jaswant Singh before conducting the search upon the person and conveyance of the accused asked from him whether the accused wanted to give his search in the presence of a gazetted officer. Upon this, the accused told to the S.I. that he did not want to give his search in the presence of a gazetted officer and that SI Jaswant Singh, Incharge of the Police party might conduct the search as he had full confidence in him. An attempt was also made to join witnesses from the public but nobody could be associated. Thereafter, SI Jaswant Singh conducted the personal search of Balbir Singh in the presence of the other witnesses and from the left side pocket of the shirt, a sum of Rs. 100/- was recovered. From the search of the scooter, opium wrapped in the glazed paper was found lying in a gunny bag, which was lying in the basket of the scooter. The S.I. arranged the weights and scales at the spot and on weighing, the opium came to 15 Kgs. SI Jaswant Singh put the entire opium in a tin and made a sealed parcel by using his own seal bearing impression "JS". The scooter along with the currency notes was taken into possession vide separate recovery memo. The seal after use was entrusted to SI Harbhajan Dass. A wireless message was also sent to DSP Mohinder Singh Chahal with regard to the recovery of the opium, who reached at the spot. Accused could not produce any license or permit for the possession of the opium. Resultantly, Ruqa was sent to Police Station, Hariana, for the registration of the case through Constable Hari Kishan No. 1059. The S.I. completed the other formalities of the case at the spot and on return to the police station, the case property was handed over to the Moharrir Head Constable. Before depositing the case property, the DSP took two samples, weighing 10 grams each of the opium and sealed the same bearing inscription "MSC". The sample of the opium was sent to the office of the Chemical Examiner, who declared the contents as opium and on the completion of the other formalities of the investigation, the accused was challaned u/s 18 of the NDPS Act in the court of the Illaqa Magistrate who supplied the copies of the documents to the accused and vide commitment order dated 17.8.1994, committed the accused to the court of sessions. Vide order dated 26.8.1994, the accused was charge-sheeted u/s 18 of the NDPS Act. The charge was read over and explained to the accused to which he pleaded not guilty and claimed a trial.

(3.) THE statement of the accused was recorded u/s 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. The accused denied those circumstances and states that he had been falsely implicated.