GURMAIL SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) BY this judgment I shall dispose of two criminals appeals bearing Nos. 527-SB of 1996 and 538-SB of 1996 filed by Gurmail Singh and Ranjit Singh respectively and have been directed against the judgment and order dated 23.7.1996 passed by Additional Sessions Judge, Chandigarh, who convicted the present appellants Gurmail Singh and Ranjit Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced them to undergo R.I. for a period of ten years each and to pay a fine of Rs. 1 lac each and in default of payment of fine each one of them was directed to undergo R.I. for two years.

(2.) THE prosecution case briefly can be stated in the following manner :- On 28.7.1997 a police party headed by SI Phool Singh in which ASI Ram Lubhaya, Constable Manga Ram and Constable Jasbir Singh were also present was present near Counter No. 19, Inter State Bus Terminal, Sector 17, Chandigarh when one person by the name of Gopal Soni son of Triveni Parsad met them. The Sub Inspector was having casual talks with Gopal Soni when he received a secret information from someone to the effect that two boys Ranjit Singh and Gurmail Singh were standing near the Patiala counter gate at the bus stand carrying the bags containing poppy husk. Finding the information reliable, the Thanedar in the present of Gopal Soni raided that place. The appellants were found present there while holding one bag each in their hands. The Thanedar ascertained their names and addresses from them and told them that he had the information that they were carrying poppy husk in the gunny bags and he wanted to search them. The Thanedar also told that if they wanted their search could be conducted in the presence of some Magistrate or a Gazetted Police Officer. Both the appellants stated that their search should be conducted in the presence of a Gazetted Police Officer, as a result of which the Thanedar sent an information on telephone to DSP S.C. Sagar, who reached the bus stand after some time. He disclosed his identity to the appellants and also told them that he wanted to conduct their search and in case they so desired their search could be arranged to be conducted in the presence of some Magistrate. The appellants became ready to give their search in the presence of the DSP and the DSP then directed the Thanedar to conduct the search of the appellants. Poppy husk was found contained in the gunny bag carried by appellant Gurmail Singh. He could not produce any permit or licence and the bag was found containing 22 Kgs. of poppy husk. 500 poppy husk was separated as sample and a sealed parcel was made thereof. The remaining poppy husk was sealed in the same gunny bag. Both the sealed parcels were taken into possession vide recovery memo Ex.PA attested by Gopal Soni, DSP S.C. Sagar and ASI Ram Lubhaya. Then the search of the bag carried by Ranjit Singh appellant was taken. The same was also found containing poppy husk weighing 23 Kgs. 500 grams was separated as sample and a sealed parcel was prepared. The remaining poppy husk was also sealed in the same gunny bag and both the parcels were taken into possession vide recovery memo Ex.PB. Appellant Ranjit Singh also could not produce any licence or permit for the possession of the poppy husk. Resultantly, ruqa Ex.PC was sent to the police station by the Investigating Officer, on the basis of which formal F.I.R. Ex.PC/1 was recorded by ASI Gurmail Singh. The Investigating Officer then prepared by ASI Gurmail Singh. The Investigating Officer then prepared the rough site plan of the place of recovery and arrested the appellants. On return to police station he produced the case property with the seals intact along with the specimen impression of the seal and the appellants before the S.H.O. Arjun Singh in Police Station Central Chandigarh on the same day. The said S.H.O. verified the facts from the appellants and re-sealed the case property with his own seal bearing inscription 'AS'. The samples of the poppy husk were sent to the office of Director, F.S.L., who vide his report declared the contents as poppy husk. On the completion of the investigation, challan was filed in the Court of Area Magistrate, who supplied the copies of the documents to the appellants and committed both the appellants to the Court of Sessions vide commitment order dated 18.11.1995.

(3.) IN order to prove the charge, the prosecution examined S.C. Sagar, DSP PW1, Gopal Soni PW2, Inspector Arjun Singh PW3, HC Nafe Singh PW4, Constable Dharam Singh PW5, Sub Inspector Phool Singh PW6 and finally tendered into evidence the report of Director, F.S.L. Ex.PF and closed the case.