KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Kala Singh was convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Hence, he has challenged the judgment of conviction and sentence passed by the trial Court.

(2.) THE brief case of the prosecution is that on 17.9.1999 PW4 SI Bachan Singh proceeded alongwith PW1 ASI Jagir Singh and other police officials armed with weapons for the purpose of performing patrolling duty. When the police party reached near the bridge of canal minor in the area of village Mastewala, the accused was found sitting on the bags under the bridge. The accused was not a stranger to the police party. The accused ran away from the spot. Five bags were found lying under the bridge. PW2 DSP Nachhattar Singh was contacted. He made himself present at the spot to facilitate the recovery. PW4 made a search of five bags found over there in the presence of PW1 ASI Jagir Singh and other police officials. Each bag contained 35 kgs. of poppy husk. The samples were drawn from the bulk quantity. The samples as well as the bulk quantity were separately parceled and sealed with the seals of PW2 and PW4. PW1 ASI Jagir Singh put his signature in the recovery memo. On reaching the police station, PW4 retained the case property with himself. Thereafter the accused as well as the case property was produced before the learned judicial Magistrate who ordered to keep the case property in the Malkhana. The sample was sent for examination. The Chemical Examiner's report would go to show that the sample sent for examination was nothing but poppy husk.

(3.) THE learned Amicus -curiae appointed by this Court to argue the case on behalf of the appellant would submit that the accused was not arrested at the spot in spite of the fact that the police party was armed with weapons. No independent witness was associated in spite of the fact that the police party remained present there for about five long hours. The CFSL form was not filled up at the spot. The seals found on the bulk quantity were found broken at the time when the case property was produced during the course of trial. The case property was also found in a Palli without proper packing. The case property was also in the custody of PW4 before ever it was produced before the learned judicial Magistrate. Therefore, it is her submission that the prosecution failed to establish beyond reasonable doubt that the accused was in conscious possession of the poppy husk as projected by the prosecution.