RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Raghbir Singh, and has been directed against the judgment and order dated 20.11.1998 passed by the Court of Additional Sessions Judge, Ludhiana, who convicted the appellant under Section 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; and in default of payment of fine, the appellant was directed to undergo R.I. for six months.

(2.) THE brief facts of the case are that on 14.12.1995 SI Sakattar Singh along with other police employees including SI Shavinder Singh was holding a nakabandi on the bridge of the canal minor in the area of village Khatra Choharam at about 11.15 A.M. The appellant came from the side of village Bhikhi Khatra. He tried to slip away on seeing the police party. However, on the basis of suspicion, he was apprehended. At that time, on the carrier of his bicycle an attache-case was tied. He was asked that the attache-case was to be searched on suspicion and in case he so desires, some gazetted police officer or Magistrate could be called. The accused, however, reposed confidence in the police party. His statement was recorded. Unfortunately, for the prosecution, it has not been attested by any independent witness and this part of the case I shall deal in the subsequent portion of this judgment because the counsel for the appellant has built his argument on this aspect of the case alone. Continuing with the facts, the attache-case, which was kept on the carrier of the bicycle was searched by the members of the police party at their own level and on search, it was found that the same contained opium wrapped in a glazed paper. On weighing, it came to 3 kgs 500 grams. The I.O. separated two samples of 10 grams of opium and made a sealed parcel thereof. The remaining opium and the samples were separately sealed with the seal bearing inscription 'SS'. The entire case property was taken into possession. Accused could not produce any licence or permit for the possession of opium. Resultantly, a ruqa was sent to the police station for the registration of the case, on the basis of which formal FIR was recorded. On return to the police station, the entire case property and the accused were produced before the SHO, who resealed the case property with his own seal and deposited the case property with the MHC. The sample was sent to the office of the Chemical Examiner who found the contents as opium.

(3.) VIDE orders dated 7.5.1996, a specific charge under Section 18 of the Act was framed against the appellant on the allegations that on 14.12.1995, in the area of village Khatra, he was found in possession of 5 kgs of opium, without any valid licence or permit and thereby he committed the offence under Section 18 of the Act. This charge was later on amended on 23.7.1997 and the correct charge was framed against the appellant. The original charge and the amended charge were read over and explained to the accused, who pleaded not guilty and claimed a trial.