MANGAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 31.3.1999 passed by the Court of Addl. Sessions Judge, Mansa, who convicted the appellant u/s 15 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 appellant was directed to undergo R.I. for two years.

(2.) THE brief facts of the case are that on 25.8.1998, the police party headed by ASI Ajmer Singh was on patrol duty and they were going in a Govt. Gypsy No. PB-31-6424 from village Dulowal towards village Nangal Kalan via link road. When the police party had covered a distance of only two furlongs from village Dulowal, one independent witness from the public namely Harnek Singh son of Nihal Singh, resident of village Dulowal, was joined with the police party. It was about 2.45 p.m. In the meanwhile, the accused came on his scooter from the side of village Nangal Kalan. He was carrying a bag on his pillion seat. On seeing the police party, the accused tried to escape but was apprehended on the basis of suspicion. Suspecting some incriminating material in the bag, the I.O. asked the accused as to whether he wanted to give the search before a gazetted officer or a Magistrate, upon which the accused disclosed that he wanted to give the search before a Gazetted Officer. Resultantly, a wireless message was sent to the DSP, Mansa, for coming at the spot. After reaching at the spot, the DSP gave his identity to the accused and told him that he was working as a DSP and was a gazetted officer and whether the accused wanted to give the search before him or not. The accused disclosed that he wanted to be searched before him. Thereafter, under the directions of the DSP and in the presence of the other members of the police party, including Harnek Singh, the search of the bag was taken and poppy husk was found in it. On weighing, it came to 20 kgs. The I.O. separated 100 grams of poppy husk by way of sample and sealed it with his own seal bearing inscription 'AS' and the remaining poppy husk was separately sealed with the same seal. A sample seal was also prepared. The entire case property was taken into possession vide recovery memo. Accused could not produce any licence or permit for the possession of poppy husk. Resultantly a ruqa was sent to the police station for the registration of the case on the basis of which formal FIR was recorded. The accused was also supplied the grounds of arrest. The I.O. prepared the rough site plan of the place of recovery. Finally, the sample of poppy husk was sent to the office of the Chemical Examiner, who declared the contents as chura of poppy head and on the completion of the investigation of the case, the appellant was challaned in the court of the Area Magistrate, who supplied the copies of the documents free of cost as required under the law and committed the accused to court of sessions to face trial u/s 15 of the Act.

(3.) IN order to substantiate the charge, the prosecution examined SI Baljit Singh, PW-1, who verified the investigation of the case and re-sealed the case property with his own seal bearing inscription 'BS'. Dharam Pal, PW-2, gave his statement on affidavit, Ex. PC. HC Gurdev Singh, PW-3, is a witness of recovery and he has supported the allegations of the prosecution. ASI Ajmer Singh, I.O., appeared as PW-4, and he substantiated the allegations of the case as narrated in the earlier portion of this judgment. DPS Iqbal Singh, who was summoned at the spot at the instance of the appellant, appeared as PW-5. Harnek Singh, PW, who was the independent witness associated in the police party by the I.O., was given up on the plea that he has been won over by the accused. Finally, the prosecution tendered into evidence the report of the Chemical Examiner and closed the case.