BHOLA Vs. STATE OF U T , CHANDIGARH

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 23.9.1996 passed by the court of Additional Sessions Judge, Chandigarh vide which the learned Additional Sessions Judge convicted the appellant Shri Bhola son of Shri Bant Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and this appeal is further directed against the order dated 28.9.1996 vide which appellant Bhola was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for one year.

(2.) THE brief facts of the case are that on 23.11.1995 the appellant was allegedly found in possession of 14 kgs. of poppy husk in the area of Sector 22 -B, Chandigarh by SI Jarnail Singh, PW -8, who was present in that area along with other members of the police party, in connection with patrolling. PWs Harish Sharma and Avtar Singh were also the members of the police party. Appellant appeared there and on seeing the police party he tried to retrace his steps and on the basis of suspicion he was apprehended by SI Jarnail Singh PW -8, who enquired from the appellant about his option to be searched either in the presence of a gazetted officer or a Magistrate. The appellant told to Shri Jarnail Singh, SI that he had no objection if he was searched by any of the said officers. Resultantly, SI Jarnail Singh flashed a wireless message through his control room at which DSP Satnam Singh Randhawa reached at the spot. Shri Randhawa also disclosed his identity to the appellant and asked whether he wanted to give the search in his presence or some Magistrate, on which the appellant replied that he had no objection if the search may be taken in the presence of DSP. Then Shri Randhawa directed SI Jarnail Singh to take the search of the appellant, who was earlier apprehended on the basis of suspicion that he was carrying some contraband. The search of the appellant was taken by SI Jarnail Singh and poppy husk was found which weighed 14 kgs. A sample of 500 grams of poppy husk was separated and a sealed parcel was prepared. The remaining poppy husk was also sealed in a different parcel with the seal of SI Jarnail Singh bearing inscription 'JS' and the seal after use was handed over to PW Harish Sharma. The sample along with parcel Ex. P1 was was taken into custody vide recovery memo Ex. PE attested by the marginal witnesses. On further search of the appellant one wrist watch, Rs. 52/ - and one purse were also recovered and these articles were also taken into possession vide memo Ex. PE/1. The Investigating Officer SI Jarnail Singh also prepared the rough site plan Ex. PF of the place of recovery with correct marginal notes. The appellant could not produce any licence or permit for the possession of the poppy husk. Resultantly, ruqa Ex. PB was sent to Police Station Central, Sector 17, Chandigarh on the basis of which formal FIR was recorded. The appellant later on was produced before Arjun Singh Jaggi, SHO, Police Station, Central, Chandigarh, who re -sealed the case property with his own seal and thereafter the case property was ordered to be deposited with the MHC of the police station. The sample of the poppy husk was sent to the office of the Director, FSL, Chandigarh, who vide report Ex. PG declared the contents as poppy husk and on completion of the investigation of the case the appellant was challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents and committed the appellant to the Court of Session. Vide order dated 18.4.1996 the learned Additional Sessions Judge, Chandigarh framed a charge under Section 15 of the Act against the appellant on the allegations that on 23.11.1995 in the area of Sector 22 -B, Chandigarh the appellant was allegedly found in possession of poppy husk weighing 14 kgs. without any licence or permit and thereby allegedly committed an offence punishable under Section 15 of the Act. The charge was read over and explained to the appellant to which he pleaded not guilty and claimed trial.

(3.) IN order to prove the charge against the appellant, the prosecution examined in the trial Court HC Amrik Singh PW -1, who gave his statement by way of affidavit Ex. PA; SI Phool Singh PW -2 who proved ruqa Ex. PB and formal FIR Ex. PB/1; Draftsman Jaswant Singh PW -3, who proved scaled site plan Ex. PC, MMHC Dalip Singh PW -4, who proved DDR No. 46 dated 23.11.1995 with the help of Register No. 19; DSP Satnam Singh Randhawa PW -5, Inspector A.S. Jaggi PW -6, who proved double seal; Harish Sharma PW -7, the independent witness, and SI Jarnail Singh, PW -8, the Investigating Officer. Finally, the learned PP tendered in evidence the report Ex. PG of the office of Director, Forensic Science Laboratory, Chandigarh and closed the case after giving up PW Avtar Singh as having been won over by the appellant.