BEERA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence, dated 04.04.09, rendered by the Court of Judge, Special Court, Muktsar, vide which, he convicted the accused for the offence, punishable under Section 15 of the Narcotic Drugs and Physchotropic Substances Act, 1985 (hereinafter to be called as the Act only), sentenced him to undergo Rigorous Imprisonment for a period of 2 years, and to pay a fine of Rs. 10,000/-, and in default thereof, to further undergo rigorous imprisonment, for a period of three months, for having been found in possession of 19 kgs and 250 grams of poppy-husk, without any permit or licence, which falls within the ambit of non-commercial quantity.

(2.) ON 14.09.02, Satpal Singh, Assistant Sub Inspector, alongwith Malkiat Singh, Head Constable, and other Police officials, was going, in a private jeep, from village Khutianwali to Fatehpur Manian, in connection with patrol duty and detection of crime and when the Police party, reached at the canal minor bridge, in the area of village Fatehpur Manian, the accused, was seen, going ahead, carrying a plastic bag, on his head. On seeing the Police party, the accused, turned towards his left hand, on the bank of canal minor towards eastern side. The accused was apprehended, at the spot. The Assistant Sub Inspector, asked the accused, that he suspected some intoxicating substance, in the plastic bag, being carried, by him (accused), and, as such, he wanted to search the same. It was further stated that the accused, was also given an opportunity of being searched, in the presence of some Magistrate or Gazetted Officer. He stated that he wanted the search in the presence of a Gazetted Officer. Thereafter, the Assistant Sub Inspector, sent a wireless message, to Jarnail Singh, Deputy Superintendent of Police (D), to reach the spot, but he told that, he was busy, in some other case, and would reach soon there. In the meanwhile, the consent memo of the accused, was prepared, attested by the witnesses, and thumb marked by him (accused). Thereafter, the Deputy Superintendent of Police, reached the spot, and disclosed his identity, to the accused, vide separate memo, attested by the witnesses and thumb marked by him (accused). After getting directions, from the Deputy Superintendent of Police, the Investigating Officer, conducted the search of the plastic bag, being carried, by the accused, wherefrom, poppy husk, was recovered. Out of the said poppy husk, 250 grams, was taken out as sample and converted into a parcel. The remaining poppy husk, on weighing came to be 19 kgs, which was put into the same bag, and converted into a parcel. Thereafter, both the parcels, containing poppy husk, were sealed, by the Assistant Sub Inspector, with the seal, bearing impression 'SSS'. Sample seal chit, was prepared separately. Thereafter, the seal, was handed over to Malkiat Singh, Head Constable. Form No. 29-M, was also prepared, at the spot. The Deputy Superintendent of Police, besides attesting the sample seal chit, also put his seal, on the parcels, bearing impression 'JS'. The entire case property alongwith the sample seal chit and Form No. 29-M, was taken into possession, by the Assistant Sub Inspector, vide recovery memo, attested by the witnesses. Personal search of the accused, was also conducted, but no incriminating article, was recovered. Memo, in this regard, was also prepared. Ruqa was sent to the Police Station, on the basis whereof, the FIR was recorded. Rough site plan of the place of recovery was prepared. The statements of the witnesses were recorded. The accused was arrested. Intimation regarding the arrest of the accused, was also sent, to his relatives. On reaching the Police Station, the Investigating Officer, produced the accused alongwith the case property, before Baljinder Singh, Station House Officer, who after verifying the facts, took the same in his possession. On the next day, the accused, the case property, as also the inventory report, were produced, in the Court, and after obtaining necessary orders therefrom, the same (case property), was deposited, in the Police Station, Malkhana. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Satpal Singh, Assistant Sub Inspector (PW1), the Investigating Officer, Malkiat Singh, Head Constable (PW2), Baljit Singh, Constable (PW3), Baljinder Singh, Sub Inspector (PW4), the then Station House Officer, Pritam Singh, Head Constable (PW5), and Jarnail Singh, Deputy Superintendent of Police (Retired) (PW6). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.