WAZIR KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Wazir Khan was convicted by the Judge, Special Court, Bathinda under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act'). He was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was to undergo rigorous imprisonment for one month.

(2.) THE appellant was found in possession of 1 Kg. of opium. ASI Sawaran Singh had sent ruqa Ex.PJ to Police Station Raman, on the basis of which FIR Ex.PJ/1 was recorded. It was stated in the ruqa that ASI Sawaran Singh along with his companion officials in a private jeep was going from Village Ramsara to Narang for holding nakabandi and checking of suspected persons. At bus stand Ramsara, Gamdoor Singh son of Phuman Singh was jointed to accompany the police party. When the police party started going from bridge canal of Ramsara to Narang, one person was spotted coming from village Narang. On the basis of suspicion, he was apprehended. He disclosed his name as Wazir Khan son of Yakub Khan. The police party told the person apprehended that it is expected that he has concealed something in the dub of his trouser, therefore, an offer was given to him to get himself searched before a Gazetted Officer or a Magistrate. On the offer made, the accused reposed faith in the Gazetted Officer. Shri Balwinder Singh Rumana, DSP (H) was called at the spot. Search was conducted in the presence of Shri Balwinder Singh Rumana, DSP. Necessary procedure regarding search, seizure and drawing of sample was carried and the accused was arrested.

(3.) MR . H.S. Rakhra appearing for the appellant has stated that in the present case, no independent witness was examined, though an independent witness was associated by the police party. It has been urged that withholding of Gurdev Singh is fatal to prosecution. It has been further stated that seal was not handed over to independent witness Gamdoor Singh but it was handed over to HC Kulwant Singh.