NIRVAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Nirvail Singh and has been directed against the judgment and order dated 7.1.1999 passed by the Court of Addl. Sessions Judge, Patiala, 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 30.4.1996 ASI Jarnail Singh along with ASI Jawinder Singh and other police officials was coming back to Samana in Government vehicle No. PB-11/F-9738 after patrolling Shartana and Badshahpur and other villages. When the police party reached near the Bus Stand of village Arai Majra, the appellant was seen coming on foot carrying a bag on his head from the side of village Arai Majra. On seeing the policy party, the accused at once turned back but was apprehended on the basis of suspicion. In the meanwhile, Nirmal Singh, PW, came there and he was associated in the police party. ASI Jarnail Singh disclosed to the appellant that he had a suspicion that there was poppy husk in his bag and whether he wanted to give the search before some Gazetted Officer or a Magistrate. In reply, the appellant stated that he did not want his search to be conducted before a gazetted officer or a Magistrate. His statement, Ex. PC, was recorded, which was thumb marked by the accused and attested by the ASI and other witnesses. Thereafter, the search of the bag was taken and poppy husk weighing 10 Kgs. was recovered. The I.O. separated 250 grams of poppy husk and sealed the same with his own seal bearing inscription 'JS'. He also prepared the specimen seal. The seal after use was handed over to Nirmal Singh, PW. The entire case property was taken into possession vide recovery memo Ex. PD. Accused could not produce any licence or permit for the possession of poppy husk. Resultantly ruqa Ex. PF, was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PF/1 was recorded. The I.O. also prepared the rough site plan of the place of recovery. He produced the case property and the accused before Inspector Rachhpal Singh, who re-sealed the case property with his own seal bearing inscription RS. Thereafter, the case property was deposited with the MHC and, later on, the sealed sample of the poppy husk was sent to the office of the Chemical Examiner on 6.5.1996 through constable Rattan Singh. It was declared by the chemical examiner that the sample contained poppy husk. 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 vide commitment order dated 17.9.1996 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 as many as seven witnesses including Inspector Rachhpal Singh and ASI Jarnail Singh, I.O., but the independent witness was given up as having been won over by the accused.