KARAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-5-2004/order of sentence dated 21-5-2004 passed by the Court of learned Special Judge, Ferozepur, whereby he convicted and sentenced the accused Karaj Singh to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac under Section 15 of the NDPS Act (for brevity, 'the Act') and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) As set up by the prosecution on 25-6- 2001, ASI Jassa Singh of Police Station Makhu among other police officials was proceeding on a private Canter towards Villages Phemewala, Tibbi Arian Lehra Bet, Chhianparri etc. in connection with patrolling. When they were going towards southern side from Village Lehra Bet on metalled road and reached the bridge of canal minor at about 3.30 p.m., meanwhile, a jeep which was blue in colour came from kutcha rasta towards the metalled road. Thereafter, it took a turn towards Village Lehra Bet. On catching sight, the same was signalled by the aforesaid ASI to stop. On suspicion, he apprehended the accused Karaj Singh with the aid of his companions. He checked the gunny bags lying in the jeep. The contents thereof were found emitting the odour like poppy- husk. The accused was informed about his right that if he wishes, he can have search of the jeep in the presence of a gazetted officer or a Magistrate. In turn, the accused opted to have search of the same before a Gazetted Officer. On receipt of message, Pardeep Kumar DSP Zira dame at the spot and introduced himself to the accused. Thereafter, the aforesaid ASI in the presence of DSP carried out search of the jeep, which yielded in 8 bags containing poppy husk. 250 grams of poppy husk was drawn from each bag to serve as sample. The remainder of each bag when weighed came to 40 kgs. The samples as well as the residue were converted into parcels which were sealed with seal 'JS' of which the specimen seal impression was prepared. The DSP also affixed his own seal bearing impression 'PK'on all the parcels, which along with jeep bearing registration No. HR-06-0311 were seized vide memo. The seal after use was made over to ASI Baldev Singh. The registration certificate of the jeep was also taken into possession. The currency notes worth Rs. 110/- recovered in consequence of personal search, of the accused were also seized vide separate memo. Ruqa was sent to the police station where on its basis formal FIR was registered. The accused was arrested. After completion of investigation,the charge-sheet was laid in the Court of learned Special Judge, Ferozepur for trial of the accused.

(3.) The accused was charged under Section 15 of the Act to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined PW. 1 SI Jaspal Singh, PW.2 ASI Jassa Singh, PW.3 Constable Massa Singh, PW. 4 ASI Baldev Singh, PW.5 DSP Pardeep Kumar, PW.6 Joginder Kumar Clerk, SDM Office, Zira, PW7 Constable Balwinder Singh and closed its evidence. When examined under Section 313 of Cr. P. C, the accused came up with the following plea:-