PIARA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 22.9.1994 passed by the Court of Additional Sessions Judge Patiala who convicted the appellant Piara Ram under section 18 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, he was further directed to undergo rigorous imprisonment for a period of one year.

(2.) BRIEF facts of the case are that on 19.6.1990, ASI Amarjit Singh Incharge Police Post Shatrana alongwith other police officials set out for patrolling in Government Vehicle No. PAP 1812. When the police party was present near Primary Health Centre, Shatrana, Bali Ram son of Khushala Ram, resident of Shatrana met the Police Party. When the ASI and Bali Ram were busy in talking, the appellant was seen coming from the opposite side towards Bus Stand Shatrana carrying a jhola of red colour in his hand. On seeing the Police Party, the appellant abruptly turned towards his left side and tried to avoid his presence. He was, however, intercepted and his particulars were enquired. Suspicion having arisen in the mind of the ASI, he apprised the appellant of his right to be searched either before a Gazetted Officer or a Magistrate. The appellant, however, did not desire to be taken to a Gazetted Officer or a Magistrate for search and offered himself for search by the ASI. Consent memo Ex.PA was prepared. It was signed by him and attested by Bali Ram independent witness and HC Kanwal Nain. Thereafter the ASI carried the search of the jhola with the appellant and found it containing opium. On weighment it came to be 4 kgs 500 grams. Out of it 10 grams was separated as a sample and put into a small plastic bag, whereas remaining opium weighing 4.490 kgs was wrapped in a glazed paper and transferred in a Dabba tin. Both were made parcels and were sealed with the seal 'AS'. Sample seal was also retained and seal was handed over to HC Kanwal Nain. Both the parcels and Jhola were taken into possession vide recovered memo Ex.PA attested by the aforesaid witnesses. The Investigating Officer sent ruqa Ex.PD for the registration of the case as the appellant could not produce any licence for the possession of the same, on the basis of which formal F.I.R. was recorded in the concerned Police Station. The Investigating Officer also prepared rough site plan Ex.PH of the place of the arrest. The appellant was then produced before the S.H.O. Ajit Singh who verified the investigation of this case and resealsed the case property with his own seal bearing inscription 'AS'. Thereafter on return to the Police Station handed over the case property to the MHC. The sample of the opium was sent to the office of the Chemical Examiner through office of the S.S.P. on 25.6.1990. However, it was received back with certain objections and again it was sent on 9.7.1990 through Constable Amrik Singh No. 1686. The Chemical Examiner vide his report Ex.PG opined the contents of the sample to be of opium and on completion of the investigation, the appellant was challaned in the court of Illaqa Magistrate who supplied copies of the documents as required by law and vide commitment order dated 28.11.1990 committed the appellant to the Court of Sessions. Vide orders dated 10.5.1991 the appellant was charge-sheeted on the allegations that on 19.6.1990 at about 5 a.m. in the area of Shatrana, he was found in possession of 4.500 kgs of opium without any permit or licence and thereby committed an offence under Section 18 of the N.D.P.S. Act. The charge was read over and explained to the appellant 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. Accused denied those circumstances and stated as follows :-