MEHBOOB KHAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal and had been directed against the judgment and order dated 24.2.1997, passed by the court of Addl. Sessions Judge, Chandigarh, who convicted the appellant u/s 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; in default of payment of fine, the appellants was directed to undergo R.I. for two years.

(2.) THE brief facts of the case can be summarised in the following manner :- On 25.1.1995, a police party headed by S.I. Sukhdev Singh, in which ASI Karnail Singh, Constables Dalbir Singh, Jai Krishan and Kulbir Singh, were also associated, was present near Rana Flour Mills in the area of Dadu Majra, in connection with patrolling, when a secret information was received by the S.I. Sukhdev Singh to the effect that the appellant who was a resident of Village Palsora was smuggler in opium and he will be coming to sell opium in Village Dadu Majra at about 10 p.m. on the same day and in case nakabandi was held, he could be arrested. One Jaswinder Singh son of Ranjit Singh, resident of Mohali, happened to reach there and he was also associated in the police party and the secret information was shared by the S.I. with him. The naka was held and at about 10 p.m. the appellant was seen coming from the side of Chandigarh. On seeing the police party, the appellant tried to give a slip but he was apprehended on the basis of suspicion. The I.O. told to the accused that he wanted to take his search and whether the accused wanted to give the search in the presence of some Magistrate or a gazetted officer. The appellant stated that he wanted to give the search in the presence of a gazetted officer. Resultantly, the I.O. sent a wireless message to D.S.P. (South), Shri Baldev Singh, who came at the spot within a few minutes. The DSP directed the ASI to conduct the personal search of the appellant and from his right pocket of the coat worn by the appellant, opium wrapped in a glazed paper was recovered. On weighing it came to 520 grams. S.I. separated 20 grams of opium and made a sealed parcel thereof and the remaining opium was separately sealed. Both the sealed parcels were sealed with the seal of the I.O. and were taken into possession vide recovery memo, Ex. PF, attested by ASI Karnail Singh and DSP Baldev Singh. Specimen impression of the seal used was also prepared. Appellant could not produce any licence or permit for the possession of opium. Resultantly, ruqa, Ex. PA, was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PH/1, was recorded. The I.O. prepared the rough site plan, Ex. PJ, of the place of recovery and recorded the statements of the witnesses. On return to the police station, the accused along with the case property was produced before the SHO, who resealed the case property with his own seal bearing inscription PS. The sample of opium was sent to the office of Director, Forensic Science Laboratory, who vide report, Ex. PL, found the contents as opium and the morphine percentage was found to be 2.86%.

(3.) VIDE order dated 8.6.1995, the learned trial court framed a specific charge u/s 18 of the Act on the allegations that on 25.1.1995 at about 10 p.m. in the area near Rana Flour Mills at Dadu Majra Colony, Chandigarh, he was found in possession of 520 grams of opium without any licence or permit and thereby committed an offence punishable u/s 18 of the Act. The charge was read over and explained to the accused, who pleaded not guilty and claimed a trial.