SUSHIL KUMAR ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal succeeds on the short ground that Section 50 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') has not been complied with in letter and spirit as I will try to show from the subsequent facts and circumstances of this case. At the first instance, let me state how this appeal has arisen.

(2.) Sushil Kumar alias Kala appellant has given challenge to the judgment and order dated 16.9.1995 passed by Sessions Judge, Sangrur who convicted the appellant under Section 15 of the Act and sentenced him to undergo R.I. for period of 10 years and to pay a fine of Rs.1 lac. In default of payment of fine, the appellant was directed to further undergo R.I. for one year.

(3.) The brief facts of the case are that on 30.5.1993, ASI Lachhman Dass of Police Station Sadar Sangrur organised a patrolling party associating HC Bal Puri, HC Gurmel Singh and some constables. The police party set out for patrol towards Bahadurgar within the jurisdiction of their police station. At about 1.30 p.m., they reached near the bridge of seepage drain in the area of Bahadurpur. The accused came from the opposite direction along the katcha path and at that time he was carrying a gunny bag on his head. On becoming aware of the police party, he tried to retrace, but he was stopped and apprehended. An option was given to him regarding search by calling a Gazetted Officer or a Magistrate. The accused declined the option and reposed confidence in the police party. His statement Ex. PA was recorded which was signed by him in token of its correctness, Thereafter the search of the gunny bag, which the accused was carrying led to the recovery of 32-1/2 Kgs. of poppy husk. The commission of crime was disclosed. Two representative samples of 250 grams each were drawn and made into distinct parcels. The remainder was converted into a separate parcel in the same gunny bag. All the three parcels were sealed with the seal bearing inscription 'LD' and were taken into possession vide recovery memo Ex. PB. A specimen seal impression Ex. P1 was also prepared. The seal after use was handed over to HC Gurmel Singh. Ruqa Ex. PC was sent to police station for the registration of a case as the accused was not in a position to produce any permit or licence for the possession of poppy husk and formal FIR Ex. PC/l was recorded in Police Station Sadar Sangrur. Rough site plan Ex. PD of the place of recovery was also prepared. The accused was arrested after disclosing the grounds of arrest. The sample and the case property were produced before SI/SHO Rattan Singh, who verified the investigation and re-sealed the case property with his own seal bearing inscription 'RS'. One sample parcel of the poppy husk was sent to the office of Chemical Examiner, who vide report Ex. PG declared the contents as poppy heads. On completion of the investigation, the accused as challaned in the court of Area Magistrate, who supplied the copies of documents to the accused free of cost as required under the law and vide commitment order dated 28.8.1993 committed the accused to the Court of Session.