(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 4th February, 1997 passed by the Court of Additional Sessions Judge, Amritsar, who convicted appellant Jagjit Singh under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for a period of one year.
(2.) BRIEF facts of the case are that on 10th September, 1995 Suba Singh Inspector/SHO of Police Station Valtoha along with other police officials, including Head Constable Surinder Singh and SPO Bohar Singh, was going in a Government Gypsy being driven by Constable Hira Singh, towards village Gharyaia from Valtoha. When the Police Party reached at the Bus Stand of village Punia, they met Swaran Singh, ASI, and other police officials, who were also joined in the Police Party. Thereafter, the Police Party went towards village Punia. Bhajan Singh PW met the Police Party on the way and he was also associated. Thereafter the Police Party held a Nakabandi on the Kacha Rasta leading from village Punia towards Kalsian on the bridge of canal minor. The accused was spotted approaching on the eastern Patri (bank) of the said canal minor. When the accused reached near the Naka Party, he was given signal with torch light to stop. Upon this, the appellant retraced his steps and tried to run away. On the basis of suspicion, he was intercepted. At that time the appellant was carrying a gunny bag in his right hand. He disclosed to the Police Party that he was carrying opium in the bag. The Investigating Officer gave option to the appellant for search either before a Gazetted Officer or a Magistrate but the appellant told the Investigating Officer that he may do according to his wishes. Thereafter the wireless message was sent to Shri Baljit Singh, DSP, Bhikhiwind, who reached the spot and disclosed his identity to the accused. He also offered to the accused to tell whether he wanted to give the search before him or a Magistrate. The accused expressed his full faith in the DSP. Thereafter Shri Baljit Singh, DSP, directed Shri Suba Singh PW to carry out the search of the accused. The search of the bag (Ex. P1) revealed opium duly wrapped in a glazed paper. On weighment it came out to be 5 kgs., out of which 20 grams of opium was separated as sample and made into a parcel after putting the same in a Dibbi of tin. The remaining opium was put into a plastic Dabba along with the glazed paper and the same was made into a parcel. The entire case property was then sealed with the seal of Shri Baljit Singh, bearing inscription 'BS', and another seal bearing inscription 'SS' belonging to Suba Singh PW. Shri Suba Singh handed over his own seal to ASI Swaran Singh, whereas the DSP retained his own seal with him. The entire case property was taken into possession vide recovery memo. (Ex. PA), which was attested by DSP Baljit Singh, ASI Swaran Singh, and Bhajan Singh independent witness. The additional personal search of the accused did not yield anything. A separate memo. (Ex. PB) to this effect was prepared. Ruqa (Ex. PD) was sent to the Police Station where formal FIR (Exhibit PD/1) was recorded. The visual site plan (Ex. PE) was prepared and statements of the witnesses were recorded. The grounds of arrest were supplied to the accused vide memo. Ex. PC. On return to the Police Station, the case property, including the sample parcel and the sample seal, were kept by Shri Suba Singh PW in his own custody in the Malkhana. On the next day, he sent the accused along with the case property to the Court of Illaqa Magistrate through Shri Jaswant Singh, Head Constable, who on his return, delivered back the case property to Suba Singh PW and the latter retained the same in his own custody. The Chemical Examiner vide his report Ex. PG opined that the contents of the sample parcel were of opium. On receipt of this report of the Chemical Examiner and on completion of the investigation, the accused was charge-sheeted in the Court of the Illaqa Magistrate, who supplied the copies of the documents to the accused and vide commitment order dated 19th February, 1996, committed the accused to the Court of Session to face the trial under Section 18 of the Act. The Additional Sessions Judge, Amritsar, vide order dated 18th March, 1996 charged the accused under Section 18 of the Act, alleging against the appellant that on 19th September, 1995 in the area of village Punia, he was allegedly found in possession of opium weighing 5 kgs. without any valid permit or licence, and thereby he allegedly committed an offence under Section 18 of the 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 under Section 313, Cr.P.C., and all the incriminating circumstances appearing in the case of the prosecution were put to him. The accused denied all these circumstances and pleaded innocence and false implication. He took up the plea that he was innocent and nothing was recovered from him. He further deposed that he was arrested from his house and he was kept in illegal detention for many days in the Police Station and later on he was falsely involved in this case due to party faction in the village. When called upon to enter into his defence, the accused examined DW1 Piara Singh and DW2 Moharrir Head Constable Gurinder Singh.