HARDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Appeal and it has been directed against the judgment and order 9.10.1996 passed by the court of Additional Sessions Judge, Sangrur who convicted the appellant Hardial Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac. In default of payment of fine, he was further directed to undergo rigorous imprisonment for a period of one year.

(2.) THE brief facts of the case are that on 16.4.1995 Sub-Inspector Harpreet Singh of Police Station Dhuri alongwith ASI Shalinder Singh, Head Constable Jagmel Singh and other police officials were going from main road to Jahangir in connection with patrolling in the government vehicle. When the police party reached near the railway crossing bridge of the canal in the revenue limits of village Daulatpur, appellant was seen standing in the ditches under the kikar tree. He was standing near two gunny bags and something was filled in those gunny bags. On seeing the police party, the appellant got perplexed and tried to slip away but on the basis of the suspicion he was apprehended by S.I. Harpreet Singh with the help of other members of the police party. S.I. Harpreet Singh enquired from the accused that he wanted to take search of the gunny bags and whether he wanted to give search in the presence of a Gazetted Officer or a Magistrate. The appellant declined the offer and reposed confidence in favour of the Sub-Inspector who recorded statement Ex. PA which was read over and explained to the appellant and he signed the same in token of its correctness and attested by ASI Shalinder Singh and Head Constable Jagmel Singh. Thereafter search of the bags was taken by S.I. Harpreet Singh in the presence of the PWs and poppy husk was found to contain in the gunny bags. On weighment it came to 29.750 Kgs. in each bag. The Investigating Officer separated 250 grams of poppy husk from each of the bags and made sealed parcel thereof by using the seal bearing inscription HS and the seal after use was handed over to ASI Shalinder Singh. Accused could not produce any licence or permit for possession of poppy husk. Ruqa Ex. PD was sent to the Police Station on the basis of which formal FIR Ex. PD/1 was registered. Investigating Officer further conducted personal search of the appellant and prepared jamatalashi memo Ex. PC. A sum of Rs. 140/- were recovered from the bag of the accused. The Investigating Officer prepared rough site plan Ex.PE of the place of recovery with correct marginal notes and on return to the Police Station he deposited case property with AMHC Nachhatar Singh. A sample of the poppy husk was sent to the office of the Chemical Examiner who vide report Ex.PF declared the contents of the sample as chura of poppy husk. On completion of investigation, appellant was challaned in the court of Illaqa Magistrate who supplied copies of the documents to the accused and vide commitment order dated 9.8.1995 committed the accused to the court of Sessions to face trial. Vide order dated 8.9.1995, the appellant was charge sheeted on the allegations that on 16.4.1995 at about 12.30 P.M. within the revenue limits of Daulatpura, he was found in possession of 60 kilograms of poppy husk without any permit or licence and thereby he allegedly committed an offence punishable under Section 15 of the N.D.P.S. Act.

(3.) STATEMENT of the accused under Section 313 of the Cr.P.C. was recorded and all the incriminating circumstances appearing in the prosecution evidence were put to the accused and he denied those circumstances and stated as follows :-