KEWAL KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 18.1.1999, passed by the court of the Additional Sessions Judge, Faridkot, who convicted the appellant u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to "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 15.3.1997, SI Roor Singh, who was posted in CIA Staff, Faridkot, accompanied by ASI Bachan Singh, ASI Gurmej Singh and a few other police officials left CIA Staff for checking of anti- social elements and for patrolling in a Govt. Canter bearing registration No. PG 04 3068, which was being driven by Sarabraj Singh. The police party was going from village Jalaleana to village Dwareana along the metalled road. When the police party reached near the triangular on the link road in the area of village Dwareana, accused Kewal Krishan, while driving Maruti Car bearing registration No. DBE-234 from the side of village Dwareana. On the basis of suspicion, SI Roor Singh gave a signal to the accused to stop the car. The appellant stopped the car and two bags were found lying on the rear seat of the car. SI told the appellant that he was having a suspicion that both the bags lying in the car contained some intoxicant articles and he wanted to take the search of the bags. The I.O. allegedly apprised the appellant about his legal right that he could get the search conducted in the presence of a gazetted officer or a Magistrate. The appellant declined the offer and reposed confidence in the I.O. and stated that his search could be taken by the I.O. himself in the presence of the other members of the policy party. To that effect, consent memo Ex. PE of the accused was reduced into writing, which was signed by the accused and attested by ASIs Bachan Singh and Gurmej Singh. The I.O. informed the DSP Kashmir Singh Bhinder through wireless message to reach at the spot and, accordingly the DSP reached at the spot. In the presence of the DSP, the I.O. took the search of the gunny bags lying on the rear seat of the car and poppy husk was found. The I.O. separated 250 gms of poppy husk from both the bags by way of sample and made a sealed parcel thereof. The remaining bulk weighed 39 kgs. 750 gms in each of the bags. The I.O. sealed the samples as well as the remaining bulk with his own seal bearing inscription 'RS' as well as with the seal of the DSP bearing inscription 'KBS', with his seal bearing inscription 'NSB' and the entire case property was taken into possession. The I.O. prepared the specimen seal of both the seals and the seal of the I.O., after use was handed over to ASI Bachan Singh whereas the DSP retained his seal with him after use. From the supplementary search of the accused, currency notes of Rs. 90/- were recovered which were separately taken into possession. The car bearing registration No. DBE-234 along with the registration certificate and the copy of the affidavit were also taken into possession vide memo Ex. PG. The I.O. sent ruqa, Ex. PB, to the Police Station for the registration of the case and the formal F.I.R., Ex.PB/1, was registered. The I.O. also prepared the rough site plan of the place of recovery, recorded the statements of the witnesses and disclosed the grounds of arrest to the accused and information was sent to the higher authorities. On return to the police station, the case property and the appellant were produced before SHO Darshan Singh, who verified the facts of the case and resealed the case property with his own seal bearing inscription 'DS'. The accused and the case property were produced before the Illaqa Magistrate. Samples of poppy husk were sent to the office of the Chemical Examiner, who vide report Ex. PC, declared the contents as poppy husk. On the completion of the investigation of the case, the appellant was challaned in the court of Illaqa Magistrate, who supplied the copies of the documents to the appellant free of cost as required under the law and vide commitment order dated 19.9.1997, committed the accused to the court of sessions to face trial.

(3.) IN order to substantiate the charge, the prosecution examined ASI Gurjan Singh, PW-1, ASI Jaswant Singh, PW-2, SI Darshan Singh, PW-3, Mahesh Kumar, Clerk, PW-4, ASI Bachan Singh, PW-5, DSP Kashmir Singh Bhinder, PW-6 and IO Roor Singh, SI, as PW-7. Constables Nasib Singh and Gurcharan Singh and HC Darshan Singh gave their statements by way of affidavits, Exhs. PM, PN and PO, respectively. Finally, the prosecution (sic) the report of the Chemical Examiner, and closed the case.