SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Swaran Singh s/o Mehar Singh, r/o village Bundela, district Amritsar and has been directed against the judgment and order dated 24.9.1996, passed by the court of Addl. Sessions Judge, Amritsar, who convicted the appellant u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years each and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for one year for having been found in possession of 2 Kgs. of opium without any licence or permit.

(2.) THE brief facts of the prosecution story can be summarised in the following manner :- On 24.3.1993, ASI Surjit Singh in the company of HC Avtar Singh and some other police officials happened to be present in Sangam Cinema Chowk. Mukesh Kumar alias Pinka was also joined in the policy party. Thereafter, it proceeded from the side of Sangam Cinema Chowk to Ram Talai. When the police party reached near the habitation of Ram Talai, appellant Swaran Singh was found coming on foot from the opposite direction. On seeing the police, the appellant became nervous and he tried to beat a retreat. On the basis of suspicion, he was apprehended. ASI Surjit Singh told the accused that he wanted to take his search. In the meanwhile, Gurinder Singh Dhillon, DSP, came there. Though the foundation of the story of the prosecution is that after disclosing the identity by the ASI and the DSP, the search of the Jhola being carried by the appellant was taken and on search opium was found, yet at the trial, the story of the prosecution was that ASI/DSP told the accused that they had the suspicion that the accused was carrying contraband goods and whether he wanted to give his search in the presence of some gazetted officer or a Magistrate. Resultantly, the appellant reposed confidence in the DSP who took the search of the bag and found opium in it. On weighing, it came to 2 Kgs. ASI Surjit Singh separated 10 grams of opium by way of sample and made a sealed parcel thereof by using his own seal. The remaining opium was separately sealed with the same seal and the entire case property was taken into possession vide recovery memo, Ex. PC, which was attested by Gurinder Singh Dhillon, DSP, HC Mukesh Kumar and HC Avtar Singh. Accused could not produce any licence or permit for the possession of the opium. Resultantly, Ruqa, Ex.PD, was sent to the Police Station, "A" Division, Amritsar for the registration of the case and formal FIR Exh.PD/1 was recorded by SI Joginder Singh. ASI Surjit Singh prepared the rough site plan, Ex.PE of the place of recovery/arrest. He gave the grounds of arrest, Ex.PF to the accused. The case property with the seals intact was handed over to the Moharrir Head Constable on the same day. Before that, the case property was produced before Inspector Major Singh, SHO, Police Station, Ram Bagh ("A" Division); Amritsar, who resealed the same. The statements of the witnesses were recorded. The sample of the opium was sent to the office of the Chemical Examiner who vide his report, Ex.PG, declared the contents as opium and on completion of the investigation of the case, the appellant was challaned in the court of the Illaqa Magistrate, who supplied the copies of the documents to the appellant free of cost as required under the law and finally committed the appellant to the court of sessions to face trial. Formal charge u/s 18 of the Act was framed by the trial court. The charge was read over the explained to the appellant, who pleaded not guilty and claimed a trial.

(3.) IN defence, the accused examined Mehar Singh, DW-1, and Vinod Kumar, DW-2. He also tendered into evidence the certified copy of the judgment dated 4.5.1994, passed by the Court of Addl. Sessions Judge, Amritsar, in FIR 10 of 1993 u/s 18 of the Act.