KALA SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) KALA Singh son of Tek Singh son of Dalip Singh, a young boy of 26 years at the time of his conviction, has filed the present criminal appeal and it has been directed against the judgment and order dated 3.2.1996, passed by the court of Addl. Sessions Judge, Barnala, who convicted the appellant under section 15 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 as unfolded by SI Nachhattar Singh, SHO P.S. Mehal Kalan, PW-4, while making his statement before the trial Court are that on the night intervening 29/30.6.1994, he along with ASI Jaswinder Singh, HC Jagtar Singh and other police officials was going towards village Sehjra for the purpose of patrolling the area. When he reached the Bus Stand, Sehjra, ASI Gurmel Singh, Incharge, Police Post Kalala along with other officials met them and he along with his party were joined in the police party and they started proceeding further and when they reached near the drain in the area of Mehal Kalan, accused was spotted sitting on the bags on the bridge of drain on the left side and on the basis of suspicion he was apprehended. Before apprehension of the accused, PW Jora Singh, who came on the bank of the drain was associated. The accused was sitting on the bags which were 10 in number. The appellant was arrested on the basis of suspicion and the search of the bags was conducted. Poppy husk weighing 36 kgs. in each bag, was found. Two samples of 250 grams each were taken out from each of the bags and those samples were sealed with the seal bearing inscription 'NS'. The remaining poppy husk was separately sealed in those very bags. The seal after use was handed over to ASI Gurmel Singh. The accused could not produce any licence or permit for the possession of the poppy husk. Resultantly a ruqa was sent to the police station for the registration of the case, on the basis of which formal FIR was recorded. The entire case property was taken into possession vide separate recovery memo. From the personal search of the appellant, a sum of Rs. 50/- were also recovered and that currency was also taken into possession. The I.O. prepared the rough site plan of the place of recovery with correct marginal notes and recorded the statements of the witnesses in whose presence the recovery of opium was effected. On return to the police station, he deposited the case property with seals intact with the MHC Ranjit Singh. So much so, the special report of the case and the seizure of poppy husk was sent to the high authorities, i.e. the D.S.P. as well as to the Area Magistrate. The samples of poppy husk were sent to the Chemical Examiner, who vide report, Ex. PB, declared the contents as chura of the poppy head and on the completion of the investigation of the case and after completing other formalities, the appellant was challaned in the court of the Area Magistrate, who supplied the copies of the documents free of cost as required under the law and vide order dated 27.9.1994 committed the accused to court of sessions to face trial under Section 15 of the Act.

(3.) IN order to substantiate the charge, the prosecution examined MHC Ranjit Singh, PW-1, who tendered his statement on affidavit, Ex. PA. ASI Gurbachan Singh was given up as unnecessary. PW-2 Constable Jagjit Singh gave his statement on affidavit, Ex. PC. ASI Gurmel Singh appeared as PW-3 while SI Nachhattar Singh appeared as PW-4. HC Gulshan Singh appeared as PW-5 and he deposed that the special report, Ex. PK, was sent in the office of DSP, Mehal Kalan on 30.6.1994 and it was sent by SI Nachhattar Singh. He identified the signatures of DSP Harbhajan Singh on endorsement, Ex. PK/1, which was on the special report. Jora Singh, independent witness, who was associated in the police party was given up as having been won over by the accused and the remaining witnesses were given up as unnecessary. The prosecution also tendered into evidence the report of the Chemical Examiner, Ex. PB. The gist of the documentary evidence can be described as follows :-