T.H.B. Chalapathi, J. - (1.) This appeal is directed against the conviction and sentence imposed by the learned ASJ Jalandhar on the accused-appellant in Sessions Case No. 24 of 97 decided on 2-6-98 convicting the accused-appellant under section 15 of the Narcotic Drugs And Psychotropic Substances Act (for short the Act) and sentencing him to undergo RI for a period of 10 years and a fine of Rs. one lac.
(2.) The case of the prosecution is that on 17-3-97 Angrej Singh SI along with other police officials was present at Bus Stand Pratap Pura in connection with some nakabandi. He received a secret information that the accused was in the habit of indulging in the sale of poppy husk in the room of the motor of Mohinder Singh Lambardar of village Sheikhpura. Accordingly they went to the tubewell of Mohinder Singh and when they reached at the canal bridge in the area of village Begumpur, the appellant was seen coming from the opposite direction. On suspicion he was apprehended. When he was searched 15 bags of poppy husk were found concealed in the room of tubewell of Mohinder Singh Lambardar situated in village Sheikhpura. He also admitted this fact in his disclosure statement. On completion of the investigation charge sheet was filed against the accused- appellant. The learned ASJ framed charge against the accused under section 15 of the Act for which he pleaded not guilty. In order to prove the guilt of the accused the prosecution examined 5 witnesses. On a consideration of the evidence on record the learned ASJ convicted the accused for the offence under section 15 of the Act. Aggrieved by the same the appellant has preferred this appeal.
(3.) Learned counsel for the appellant argued that there is a clear violation of Section 42 of the Act and the statement of the accused cannot be relied upon since it is not admissible in evidence under section 27 of the Evidence Act. The SI who received the information was examined as PW3. A reading of his evidence clearly shows that he has not recorded the secret information as is required under section 42 of the Act though it is stated that he sent the information on wireless. Sub-section (1) of Section 42 of the Act provides that "Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government or of the Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any narcotic drug, or psychotropic substance, in respect of which an offence punishable under Chapter IV has been committed, or any document or other article which may furnish evidence of the commission of such offence is kept or concealed in any building, conveyance or enclosed place, may, between sunrise and sunset.";