KASHMIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction dated 31.03.2005 and order of sentence of the even date, vide which, appellant Kashmira Singh was held guilty for commission of offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000.00; in default of payment of fine, to further undergo rigorous imprisonment for a period of 01 year.

(2.) Considering the fact that appellant had undergone a period of 08 years, 03 months and 12 days before his sentence having been suspended on 01.07.2007, as per custody certificate dated 03.05.2018, and since learned counsel for the appellant was not appearing, a Legal Aid Counsel was appointed on 10.05.2018 to assist the Court on behalf of the appellant.

(3.) Brief facts of the case, as per prosecution, are that on 25.08.2000, when Inspector Joginder Singh along with other police officials were on routine duty and were going from the side of village Bhudan towards village Kuthala, one persons came from the side of village Kuthala on an ox-cart, on which, HC Surinder Singh told Inspector Joginder Singh that this person had absconded in some other cases and he was apprehended. The Inspector told him that he suspected some contraband in his bags, lying on the ox cart and wanted to conduct his search. The Inspector apprised the accused of his right to be searched either in the presence of a Magistrate or a Gazetted Officer, to which, accused consented to be searched in the presence of a Gazetted Officer. Consent memo of the accused was recorded which was thumb marked by the accused and the witnesses attested the same and through a wireless message, DSP Surinder Singh was called upon at the spot and within a few minutes he reached there along with his staff. He also asked the accused if he wanted his bags to be searched in the presence of a Magistrate or before some Gazetted Officer, on which, the accused reposed faith in the DSP and offered his bags to be searched in his presence. Another consent statement of accused was prepared at the instance of DSP, which was thumb marked by the accused and attested by the witnesses. Thereafter, under the supervision and in the presence of DSP, the search of the bags of accused was conducted and the same were found containing poppy husk which were 11 in numbers. Two samples, each weighing 250 Grams, were separated from each of the bag and made into parcels and the remaining poppy husk which weighed 34.5 KG in each bag, was again put in the same bags and made into parcels. The sample parcels as well as the bags containing remaining poppy husk were sealed by the investigating officer with his seal bearing impression 'JS' and the DSP also put his seal bearing impression 'SS'. The case property was taken into possession vide a recovery memo which was attested by the witnesses. A seal sample was also prepared. Statements of witnesses were recorded and site plan was prepared. Thereafter, the accused was arrested at the spot. Ruqa was sent to the police station for registration of the FIR. On personal search of the accused, currency notes of Rs. 150.00 were recovered which were taken into possession and a memo in this regard was prepared which was also attested by the witnesses and on return to the police station, the case property was deposited intact. In due course, the sample parcels were sent for chemical analysis and on receipt of the report, challan was presented against the accused.