MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 15.7.1997 passed by the Additional Sessions Judge, Sangrur who convicted the appellant Mukhtiar Singh under Section 15 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac. In default of payment of fine, he was directed to undergo further rigorousitmprisonment for a period of one year.

(2.) The brief facts of the case are that on 31.7.1993 ASI Kamail Singh along with ASI Mukhtiar Singh and other police officials was present at Bus Stand, Longowal, where he received secret information against the accused that he was in possession of huge quantity of poppy husk and if raid is conducted upon his fields, poppy husk may be recovered. On the basis of this information, ASI Karnail Singh sent ruqu Ex. PE through Constable Ajit Khan on the basis of which formal F.I.R. was recorded by S.I. Ranjit Singh. Thereafter, police party proceeded towards the place of secret information. On the way, Chhaju Khan PW was associated. Thereafter the police party raided field of the accused where the appellant was found present. ASI Kamail Singh told the appellant that he wanted to search his person and fields and whether the appellant wanted to give search of his fields in the presence of a Gazetted Officer or a Magistrate. However, the appellant reposed confidence in the police party. Thereafter Thanedar recorded statement of the accused under Section 27 of the Indian Evidence Act of the accused and the accused suffered disclosure statement that he has kept concealed 15 bags of poppy husk in his field and he could get the same recovered. His disclosure statement Ex. PA was recorded which was thumb-marked by the appellant and attested by the witnesses. Thereafter, the appellant led the police party to the place of concealment and got recovered 15 bags of poppy husk from the specified place of concealment. Each bag was weighed and it was found to contain 40 kilograms of poppy husk. ASI Kamail Singh separated two samples of 250 grams from each bag and sealed the same with his own seal bearing inscription KS and the entire case property was sealed with the same seal and it was taken into possession vide memo Ex.PB. Sample impression Ex.P. 16 was prepared. ASI Kamail Singh prepared rough site plan of the place of recovery and on return to the Police Station, the case property Mukhtiar Singh v. State of Punjab, with seals intact was produced before S.I. Ranjit Singh who sealed the same with his own seal. thereafter the case property was ordered to be deposited with M.H.C. Samples of the poppy husk were sent to the office of the Chemical Examiner who declared the contents as powder of poppy and on completion of the investigation of the case, appellant was challaned in the Court of Area Magistrate under Section 15 of the N.D.P.S. Act. Learned Magistrate supplied copies of the documents to the accused and vide commitment order dated 21.10.1993 committed the accused to the Court of Sessions. Vide order dated 20.12.1993, the trial Court framed a charge under Section 15 of the N.D.P.S. Act against the appellant on the allegations that on 31.7.1993 in the area of Longowal, he was found in possession of 6 quintals of poppy husk contained in 15 bags each weighing 40 kilograms and thereby committed an offence punishable under Section 15 of the N.D.P.S. Act. The charge was read over and explained to the accused to which he pleaded not guilty and claimed a trial. On 30.7.1994, the Public Prosecutor Incharge of the case gave up independent witness Chhaju Khan on the plea that he had been won over by the accused. In order to prove this case, prosecution examined ASI Mukhtiar Singh as PW.1, A.S.I. Karnail Singh as PW.2, ASI Baljinder Singh as PW.3. S.I. Ranjit Singh as PWA and Constable Sukh Ram as PW. 5. Finally the prosecution tendered in evidence report of the Chemical Examiner and closed the case.

(3.) On closure of the evidence of the prosecution, the statement of the accused under Section 313 Cr. P.C. was recorded and all the incriminating jircumstances appearing in the prosecution evidence were put to the accused. The accused denied those circumstances and his case before the trial Court was that he was innocent. No recovery has been effected from him. Infact he was arrested from his house on 25.6.1993 in the presence of respectables by saying that SHO Police Station Longowal, was having suspicion against him to the effect that terrorists had been residing in his fields and he was to be interrogated on the direction of SSP, Sangrur. He was illegally detained for about one month and thereafter, this false case was planted upon him.