AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Shri Ajaib Singh and has been directed against the judgment and order dated 3.9.1997 passed by the court of Additional Sessions Judge, Bathinda who convicted the appellant Shri Ajaib Singh under section 15 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for three years.

(2.) THE brief facts of the case are that on 4.6.1996 ASI Jagrup Singh was posted as A.S.I. in Police Station Raman. On that day he was accompanied by Head Constable Nachhatar Singh and other police officials. They were going from village Laleana towards village Jalai in connection with patrolling duty in a Government Jeep No. PIB 4013. When the Police Party reached on the bridge of the canal minor in the revenue limits of village Jaijal Chhota Singh Panch of village Laleana met who was also associated. When the police party was still present at the bridge, the accused came from the side of Eastern bank of the canal minor who was carrying a gunny bag on his head. On seeing the Police Party, the appellant tried to slip away but he was apprehended on the basis of the suspicion. The Investigating Officer Shri Jagrup Singh then enquired from the appellant as to whether the latter wanted to give search in the presence of a Gazetted Officer or Magistrate as the police party was suspecting that the appellant was carrying some contraband in the gunny bag. The accused consented to get himself searched before the higher officer. In this regard memo Ex. P1 was prepared. It was read over and explained to the accused who thumb marked it and the same was attested by Head Constable Nachhattar Singh and Chhota Singh panch. Wireless message was sent to D.S.P. Talwandi Sabo for reaching the spot. The accused was asked to keep the gunny bag on the ground. Thereafter Jaswant Singh DSP reached at the spot. The Investigating Officer conducted search of the gunny bag in the presence of DSP which was found to contain poppy husk. On weighment it came to 10 kilograms. The Investigating Officer separated 10 grams of poppy husk as a sample and sealed the sample parcel and the remaining poppy husk with his seal bearing inscription JS. The seal after use was handed over to Head Constable Nachhattar Singh. Separate impression of the was taken into possession vide memo Ex. PB which was attested by DSP Jaswant Singh and the other witnesses. Currency notes of the value of Rs. 23/- were also recovered from the search of the accused which were taken into possession through recovery memo Ex. PC. The grounds of arrest were also intimated to the appellant vide memo Ex. PD which was thumb marked by the accused and attested by the other witnesses including the DSP. Since the accused could not produce any permit or licence for the possession of the poppy husk resultantly, ruqa Ex. PE was sent for the registration of the case through constable Bhupinder Singh on the basis of which formal F.I.R. Ex. PE/1 was recorded by ASI Kaur Singh. The Investigating Officer also prepared rough site plan Ex.PF of the place of the occurrence. He issued Special Report Ex.PG about the detection and seizure of the contraband to the higher authorities. On return to the Police Station he produced the accused alongwith the case property and sample seal before S.H.O. who verified the facts of the investigation and affixed his own seal BS on the case property. Thereafter the case property was ordered to be kept in the Police Malkhana. Ultimately, the sample of the poppy husk was sent to the Office of the Chemical Examiner who vide report Ex.PL declared the contents as chura poppy heads and on completion of the investigation of the case, the appellant was challaned in the Court of Area Magistrate Talwandi Sabo who supplied copies of the documents to appellant Ajaib Singh as required under the law and vide commitment order dated 5.10.1996 committed the accused to the court of Sessions. Vide order dated 21.11.196, learned trial Court framed a charge under Section 15 of the N.D.P.S. Act alleging against the appellant that on 4.6.1996 at about 7.30 A.M. in the area of Village Jaijal, he was found in possession of 10 kgs of poppy husk without any valid permit or licence and thereby committed an offence punishable under Section 15 of the N.D.P.S. Act. The charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

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