BOHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 17.8.1994 passed by the Additional Sessions Judge, Sangrur, who convicted the appellant Bohar Singh under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine the appellant was further directed to undergo rigorous imprisonment for 2 years.

(2.) THE brief facts of the case are that on 12.7.1993 ASI Paramjit Singh, ASI Sukhram Singh, HC Ajit Singh and other members of the police party of Police Station Lehra reached near the bridge over the drain in the area between Phalera and Ratta Khera when the appellant came from the right side of village Dhandra on foot and he was apprehended by the police party on suspicion. ASI Paramjit Singh informed the appellant that the cotton cloth bag carried by him was to be searched and if he so desired the search could be effected in the presence of a Gazetted Officer or a Magistrate, or in the alternative by ASI Paramjit Singh. The appellant reposed confidence in ASI Paramjit Singh and stated that the said ASI could effect the search. Statement Ex. PE of the appellant was recorded to that effect and it was thumb marked by the appellant and was attested by ASI Sukhram Singh and HC Ajit Singh. Thereafter the search of the person of the appellant was taken and opium wrapped in a glazed paper weighing 1 Kg. was found, out of which 2 samples of 10 grams each were taken out and made into separate sealed parcels while the remaining 980 grams opium wrapped in a glazed paper was made into a separate parcel Ex. P.2 which was also sealed with the seal bearing inscription 'PS' belonging to ASI Paramjit Singh, who also prepared sample-chit Ex. P1 of the impression of the seal used by him and took the three sealed parcels and sample-chit into possession vide recovery momo Ex. PF attested by the said witnesses. As the appellant could not produce any licence or permit for the possession of the opium, ruqa Ex. PH was sent to Police Station on the basis of which formal F.I.R. Ex. PH/1 was recorded in Police Station Lehra, district Sangrur. The Thanedar also prepared the rough site plan Ex. PJ. He prepared the jamatalasi memo Ex. PG. After the recording of the statements of the witnesses he deposited the case property with the MHC Sampuran Singh. Later on the sealed parcels along with the sample seal were sent to the office of the Chemical Examiner, who found the contents as opium. On the completion of the investigation and after the completion of other formalities of the case, the appellant was challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 5.10.1993 committed the appellant to the Court of Session.

(3.) THE statement of the appellant was recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the appellant. The appellant denied those circumstances and stated as follows :-