PALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Pala Singh, and has been directed against the judgment and order dated 23.7.1998 passed by the court of Addl. Sessions Judge, Faridkot, who convicted the appellant u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for two years.

(2.) THE brief facts of the case are that on 4.8.1995, Inspector Baldev Singh along with ASI Amar Singh, Head constable Sham Sunder and a few other officials was proceeding on the common patri of two canals in an official Gypsy for search of accused Gora Singh, r/o Bholuwal, in case FIR No. 73 dated 27.7.1995, u/ss 302/201, IPC, registered in Police Station Sadar, Faridkot, and for the recovery of the dead body of the deceased. When the police party was a little short from the common bridge of the said two canals, in the area of village Phidde Kalan, the appellant was spotted coming from the side of village Phidde Kalan and at that time the appellant was carrying a plastic bag in hand and he was apprehended on the basis of suspicion. Inspector Baldev Singh told the appellant that he wanted to conduct the search of the bag and whether the appellant wanted to give the search in the presence of the gazetted officer or a Magistrate. The appellant, however, reposed confidence in the I.O. Consent memo, Es. PA, was recorded in this regard, which was thumb marked by the accused and attested by ASI Amar Singh and HC Sham Sunder. However, the I.O. requested Ashok Bath, DSP, Faridkot, through a wireless message to reach at the spot. Resultantly, the DSP came there and in the presence of the DSP and ASI Amar Singh, the I.O. took the search of the bag and found opium in it. On weighing it came to 2 kgs. The I.O. separated 20 grams of opium by way of sample and made a sealed parcel thereof. The remaining bulk of the opium was also separately sealed. Both the said parcels were sealed by the I.O. with his own seal bearing inscription 'BS', and taken into possession vide recovery memo, Ex. PB, which was attested by the DSP and ASI Amar Singh. The parcel containing opium is Ex. P-1 and the bag is Ex. P- 2. The specimen impression of the seal, Ex. P-3, was also prepared. From the personal search of the appellant, currency worth Rs. 35/- was recovered which was also taken into possession vide recovery memo, Ex. PC. The grounds of arrest were supplied to the accused vide memo, Ex. PD. Accused could not produce any licence or permit for the possession of the opium. Resultantly, ruqa, Ex. PJ, was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PJ/1, was recorded by ASI Joginder Singh. The I.O. prepared the rough site plan, Ex. PK, of the place of recovery and recorded the statements of the witnesses u/s 161, Cr.P.C. The I.O. retained the case property, sample and the specimen seal and on the next day he directed ASI Jagdish Lal to produce the accused along with the case property, sample and the specimen seal before the Illaqa Magistrate, vide his request, Ex. PE. As per the allegations of the prosecution, the case property remained intact so long it remained in the custody of the I.O. ASI Jagdish Lal received the case property on 5.8.1995 and produced it before the Area Magistrate who passed orders, Ex. PE/1. On return to the Police Station, the ASI deposited the entire case property with the MHC. Sample of the opium was sent to the office of the Chemical Examiner, who vide report, Ex. PL, declared the contents as opium.

(3.) VIDE orders dated 1.12.1995, the appellant was charge-sheeted on the allegations that on 4.8.1995 in the area of village Phidde Kalan, he was found in possession of 2 kgs. of opium without any licence or permit and thereby the committed an offence u/s 18 of the Act. The charge was read over and explained to the accused, who pleaded not guilty and claimed a trial.