DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence imposed on the appellant by the learned Additional Sessions Judge, Patiala in S.C. 259-T of 18.5.1998/24.9.1997 decided on 4.3.1999.

(2.) The accused has been prosecuted for the offence under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the 'Act') for being in possession of 1 kg. 250 Gms of opium without any licence or permit.

(3.) According to the case of the prosecution on 27.6.1997 Inspector Ram Kumar, Amarjit Singh, Sub Inspector and other police officials were present at the bridge of the drain in the revenue limits of village Sadhoheri. At about 9 A.M. the accused came from the side of the village Ladhokheri on a motor-cycle bearing registration No. DL-45-A-9988 with a bag. The accused was stopped by the Inspector on suspicion and the Inspector wanted to make a search of the bag in possession of the accused. The Inspector asked the accused whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate. The accused replied that he wanted to be searched in the presence of a Gazetted Officer. Thereafter the Inspector sent a message to the Deputy Superintendent of Police, Nabha. After about 15 or 20 minutes Gurmit Singh, Deputy Superintendent of Police, Nabha came to the spot and in the presence of D.S.P. the proceedings were recorded and the statement of the accused Exhibit 'P-A' in which he stated before the D.S.P. that he wanted that his search be effected in his presence was also recorded. Then a search was conducted of the bag in possession of the accused and the opium wrapped in a glazed paper was found in the bag. Two samples of 10 Gms. each were taken from the opium and the same were put in small tin boxes and the remaining opium weighing about 1 Kg. 180 Gms. was put in a tin box separately. They were parceled and sealed by the Inspector with his seal and the D.S.P. put his seal and a special seal was also prepared and the accused was arrested and a Ruqa was sent to the Police Station by Inspector through Constable Mehmood Khan and on the basis of the same formal FIR was registered. One person namely Major Singh was also associated.