BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Balwinder Singh and has been directed against the order dated 12.8.1998 passed by Addl. Sessions Judge, Patiala, who convicted the appellant under Section 15 of the Narcotic drugs and Psychotropic Substances Act (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 further directed to undergo R.I. for 2 years.

(2.) THE brief facts of the case are that on 27.5.1997 SI Amrik Singh along with ASI Sadhu Ram, HC Bhupinder Singh, Const. Liak Ram, Const. Baljinder Singh and PHG Bant Ram was present at bus stand of village Rohar Jagir in connection with patrolling. The police party received a secret information against the appellant that he was dealing in the trade of poppy husk and if a raid was conducted at his house, heavy recovery can be effected. Believing the information to be reliable, SI Amrik Singh sent ruqa Ex. PH to Police Station Julkan for registration of a case, on the basis of which formal FIR No. 53 dated 27.5.1997 was registered against the appellant. Thereafter a wireless message was sent to DSP (Rural) to arrive at the spot. SI Amrik Singh along with other police officials started proceeding towards village Gharram. When the police party was half a kilometre behind village Gharram, Hardev Singh Sarpanch met them, who was also associated in the police party. Then the police party reached the house of the appellant, who was found present there. SI Amrik Singh enquired from the appellant whether he wanted to give the search of his house in the presence of a Gazetted Officer or a Magistrate, to which the appellant reposed confidence in the Investigating Officer. His statement Ex.PC was recorded to this effect which was signed by the appellant and attested by ASI Sadhu Ram and Hardev Singh Sarpanch. Then the Investigating Officer started interrogating Balwinder Singh but in the meanwhile DSP (Rural) Narjinder Singh Sekhon also reached at the spot. On interrogation the appellant suffered disclosure statement that he had kept concealed poppy husk under the wheat chaff in the room of his house meant for storing wheat chaff and tethering cattle. His disclosure statement Ex.PD was recorded which was signed by him and attested by ASI Sadhu Ram and Hardev Singh Sarpanch. Thereafter in pursuance of said disclosure statement, the appellant got recovered 18 bags of poppy husk from the place already disclosed by him. Two samples of 250 grams each were separated from each bag and the residue poppy husk of each bag when weighed came to 19 Kgs. The samples and bags were made into parcels and were sealed with the seal bearing inscription 'AS'. A specimen seal was also prepared and the seal after use was handed over to Hardev Singh Sarpanch. Samples and the bags containing remaining poppy husk were produced before Narjinder Singh, DSP (Rural), who also re- sealed the case property with his own seal bearing inscription 'NS'. Thereafter the bags as well as the samples were taken into possession vide recovery memo Ex.PE attested by ASI Sadhu Singh and Hardev Singh Sarpanch. The Investigating Officer also prepared memo Ex.PF of personal search of the appellant which was signed by him and attested by the witnesses. He also prepared rough site plan Ex.PG of the place of recovery, recorded the statements of the witnesses and produced the appellant and the case property before Shri Gurnam Singh, JMIC, Patiala on the same day. He moved application Ex.PJ in this behalf and the learned Magistrate passed order Ex.PJ/1 on the said application. On return to police station the case property was handed over to MHC with seals intact and the appellant was lodged in the police lock up. The samples of the poppy husk were sent to the office of the Chemical Examiner, who vide report Ex.PK gave the opinion that it was the chura of poppy heads. On completion of the investigation of the case, appellant was challaned in the Court of committing Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 30.8.1997 committed the appellant to the court of Sessions.

(3.) IN order to prove the charge, the prosecution examined the following witnesses and their statements can be described in the following manner :- PW1 : He is Head Constable Balwant Singh, who gave his statement on affidavit Ex.PA. PW2 : Constable Mohinder Singh also gave his statement on affidavit Ex.PB. Both these witnesses were cross-examined by the appellant. PW3 : SI Amrik Singh is the Investigating Officer. He has corroborated the case of the prosecution as stated in the earlier portion of this judgment. PW4 : He is Narjinder Singh Sekhon, S.P., who corroborated the statement of his junior colleague PW3. The independent witness Hardev Singh was given up as having been won over by the appellant. Finally the prosecution tendered into evidence the report of Chemical Examiner and closed the case.