SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Criminal Appeal and has been directed against the judgment and order dated 14.10.96 passed by learned Sessions Judge, Sangrur, who convicted Sahib Singh appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo RI 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 RI for one year.

(2.) The brief facts of the case are that on 22.11.1994 ASI Kuldeep Singh, HC Charan Pal, constable Avtar Singh and other police officials of Police Station Lehra were going from the side of village Gaga towards Sangatpura. When the police party was at a distance of about two furlongs ahead of Gaga, appellant was seen coming from the side of katcha path and at that time he was carrying a gunny bag on his head. On seeing the police party the appellant tried to retrace his steps but he was apprehended on the basis of suspicion and he was told that he had an option to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant declined the option and reposed confidence in the police party. His statement Ex. PA was recorded to this effect which was thumb-marked by him. The search of the gunny bag yielded recovery of 20 Kgs. of poppy husk. The appellant could not produce any licence or permit for the possession of the poppy husk. Two samples of 250 grams each were separated from the gunny bag and were made into separate parcels. The residue was converted into separate parcel in the same gunny bag. All the parcels were sealed with the seal bearing inscription 'KS' of ASI Kuldeep Singh. A sample seal impression Ex. PA was prepared and the seal after its use was handed over to HC Charan Pal. Thereafter all the case property was taken into possession vide memo Ex. PB. Ruga Ex. PC was sent to the police station on the basis of which formal FIR Ex.PC was recorded. A visual site plan Ex. PD was prepared. The appellant and the parcels were taken to the police station and were produced before SHO Darbara Singh, who verified the facts of the case and affixed his own seal bearing inscription 'DS' on the parcels. On the directions of the SHO Darbara Singh, the Investigating Officer entrusted the case property to MHC Chamkaur Singh. One sample was sent to the office of Chemical Examiner through Const. Surinderpal Singh on 28.11.1994 and the Chemical Examiner vide his report Ex. PG declared the contents of the sample as poppy-heads.

(3.) On completion of the investigation of the case, the appellant was challaned in the Court of Area Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 24.1.1995 committed the appellant to the Court of Session.