HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 5.12.1996 passed by the Court of Addl. Sessions Judge, Ludhiana, 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 one year.

(2.) The brief facts of the case can be summarised in the following manner :

(3.) On 21.5.1995, Inspector Pritam Singh, SHO of Police Station Raikot, alongwith the police party was returning from village Noorpur in a Government vehicle to the Police Station and when the police party reached near Bharat Marriage Palace in the area of Raikot, the appellant was seen placing one bag over another in front of that palace and on seeing the police party, he went inside the marriage palace. Inspector Pritam Singh stopped the vehicle and apprehended the accused on suspicion as he suspected that the bags, which were 15 in number, contained poppy husk. Inspector Pritam Singh showed his intention to take the search of the bags and also enquired from the appellant if he wanted the presence of a gazetted officer or a Magistrate but the appellant reposed confidence in the I.O. and made the statement, Ex. PA before him. On taking the search of those 15 bags, the same were found to contain poppy husk and each bag contained 35 kgs. of poppy husk. Two samples of 250 grams each were taken out from each bag and, thereafter, the samples and the bags containing the remaining poppy husk were sealed by Inspector Pritam Singh with his own seal bearing inscription 'PS' and were taken into possession vide recovery memo, Ex. PB, which was attested by ASIs Jaspal Singh and Bakshish Singh. The I.O. also kept the seal impression separately on slip, Ex. P-16, and handed over the seal after use to ASI Bakshish Singh. On conducting the personal search of the appellant, a sum of Rs. 545/- was recovered. The grounds of arrest were intimated to the appellant and thereafter, ruqa, Ex. PF, was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PF/1, was recorded. The I.O. also prepared the rough site plan of the place of recovery. Paramjit Singh, DSP was also associated at the spot. He verified the investigation of this case and put his own seal, also bearing inscription 'PS', on the samples of the poppy husk and the gunny bags.