PARAMAJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Four appellants Paramjit Singh, Kuldip Singh, Balde. Singh and Surjit Singh have filed this criminal appeal and it has been directed against the judgment-and order dated 19.1998 passed by the court of Sessions Judge, Bathitda who convicted each of the appellants under section 18 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lakh. In default of payment of fine, each of the appellants was directed to undergo further Rigorous Imprisonment for a period of six months.

(2.) The brief facts of the case are that on 25.9.1994, a police party headed by ASI Jagdish Kumar along with ASI Darshan Singh, HC Malook Singh, C. Ram Singh and other-was present on the Railway Canal bridge, Janta Nagar, Bathinda in connection with search of suspects. At about 8.30 A.M. one Maruti Car bearing registration No. D.B. 11-56 of white colour came from the side of Janta Nagar, Bathinda, which was stoped by ASI Jagdish Kumar. The car was being driven by accused Paramjit Singh while Kuldip Singh was sitting by his side. Accused Surjit Singh and Baldev Singh were sitting on the rear seat of the car. ASI Jagdish Kumar inquired about the identity of the accused and on checking of the car, he saw one brief case lying underneath the front seat of the car. Thereafter, Investigating Officer told them that he wanted to search the brief case and if they so desired, the same could be searched in the presence of the Gazetted Officer or a Magistrate. Accused persons offered for their search in the presence of a Gazetted Officer. Thereafter, the Investigating Officer flashed a wireless message to D.S.P. Major Singh, who on receiving the message, came at the spot along with his Gunman. Search of the briefcase was carried out by the Investigating Officer in the presence of DSP Major Singh and other police officials, which yielded opium wrapped in a glazed paper. 20 grams of opium was taken out to serve as sample and the residue opium weighed to be 1.980 Kgs. Thereafter the ample and the residue opium were converted into two separate parcels and were sealed with the seal of ASI Jagdish Kumar bearing impression JK. Sample seals were also drawn and the seal after use was handed over to ASI Darshan Singh. Case property along with sample of opium were taken into police possession through recovery memo Ex.PA, which was attested by ASI Darshan Singh, DSP Major Singh and Head Constable Malook Singh. Personal search of accused Paramjit Singh yielded currency notes to the tune of Rs. 115/- and the same were taken into possession vide memo Ex.PB, which was attested by ASI Darshan Singh and Head Constable Malook Singh. Nothing was recovered from the possession of the remaining accused. Car bearing No. DBI-56 along with the brief case Ex.P.1 were taken into possession vide memos Ex.PC and Ex.PD. The accused could not produce any permit or licence for the possession of the opium. Resultantly, ruqa Ex. PD was sent to the Police Station on the basis of which formal F.I.R. Ex.Pd/1 was recorded by ASI Gurcharan Singh. Investigating Officer also prepared rough site plan of the place of recovery. He took into possession Registration certificate of the car vide memo Ex.PF. Statements of the witnesses were recorded. On return to the Police Station, ASI Jagdish Kumar produced case property along with the accused before S.H.O. Hardev Singh, who sealed the parcels with his seal bearing inscription HS. After supplying the grounds of arrest, the accused were arrested by him. On completion of the investigation, sample was sent to the office of the Chemical Examiner who certified the contents to be of opium. On completion of the investigation, the accused were challaned in the court of Area Magistrate who supplied copies of the documents to the accused as required under law and vide commitment order dated 7.2.1995 committed the accused to the court of Sessions. Vide order dated 21.2.1995. a specific charge under Section 18 of the N.D.P.S. Act was framed against the appellant to which they pleaded not guilty and claimed trial.

(3.) In order to prove the charge, prosecution examined Investigating Officer Jagdish Kumar who appeared as PW. 1. Constable Jasbir Singh appeared as PW.2 and gave his statement on affidavit Ex.PL. Similarly, Head Constable Balwinder Singh gave his statement on affidavit Ex. PM. Inspector Hardev Singh who resealed the case property appeared as PW.4. Major Singh, DSP who was called on the spot at the instance of the Investigating Officer gave his statement by appearing as PW.5. Finally, prosecution tendered in evidence report Ex.PT of the Chemical Examiner and closed the case.