- (1.) Rupinder Singh, appellant has brought this appeal against the judgment dated 06.01.2003 of his conviction for an offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ( for short 'the Act') passed by learned Judge, Special Court, Patiala and the order on sentence of the same date vide which he has been ordered to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- with further rigorous imprisonment for six months in default of payment of fine. The case registered by Police Station Samana against the appellant by way of FIR No.513 dated 23.11.1999 is as under:- On 23.11.1999 at about 9.30 PM Rajesh Kumar, Sub Inspector alongwith Head Constable Bhupinder Singh and some other police officials was present at Bhawanigarh Chowk Samana in connection with nakabandi. There he received a secret information to the effect that Rupinder Singh alias Rupa son of Joginder Singh, resident of Malkana Patti Majri Samana is in the habit of keeping and selling poppy husk and that if raid was conducted, then poppy husk in heavy quantity could be recovered. Finding the information to be reliable, Rajesh Kumar, SI had sent a ruqa to the police station for registration of the case and before starting for the place where the appellant was said to be available with poppy husk, he had sent information to DSP Gursharan Singh Bedi by way of wireless message to reach the spot, being a Gazetted Officer. On the writing received from Rajesh Kumar, SI, a case was registered at the police station by Darshan Singh, ASI. Rajesh Kumar, SI reached Malkana Patti Majri Samana. In the light of the vehicle, Rajesh Kumar SI was riding, he saw a man sitting on two bags. Rupinder Singh was apprehended and on inquiry he told his name as Rupinder Singh. Rajesh Kumar, SI told him that he suspected poppy husk in the bags he was sitting on and that he intended to conduct search of the same. The accused was given the option of search of the bags in the presence of some Gazetted Officer or Magistrate. The accused exercised the option for search in the presence of a Gazetted Officer. The option given to the appellant was reduced to writing, which was signed by the accused and attested by the witnesses. In the meanwhile, DSP Gursharan Singh Bedi reached the spot. He disclosed his identity to the accused and told him that he was a Gazetted Officer. The accused was, however, given the option of his search by him or by a Magistrate. The accused had expressed confidence in the DSP for his search. Memo of this option was also prepared, which was signed by the accused and attested by the witnesses. In the presence of the DSP, Rajesh Kumar, SI conducted the search of the bags, which were found to contain poppy husk. Two samples from each bag weighing 250 grams were taken out from the two bags. They were converted into separate parcels. The remaining poppy husk was found to be 34 kg. 500 grams in each bag. The bags were also given the shape of parcels and they were sealed by Rajesh Kumar, SI with his seal bearing impression 'RK'. The DSP had also affixed his seal 'GS' thereon. Seal after use was handed over by Rajesh Kumar, SI to HC Bhupinder Singh while the DSP retained the seal with him. The sealed parcels were then taken into possession by way of recovery memo. A rough site plan of the place of recovery was prepared by Rajesh Kumar, SI. He recorded the statements of the witnesses under section 161 Cr.P.C. and arrested the accused. In the meanwhile, special report of the case was sent from the police station to the Illaqa Magistrate through Sukchain Singh, Constable. Rajesh Kumar, SI produced the case property and the accused before SI Manjit Singh, SHO after reaching the police station, who had verified the investigation and had put his seal bearing impression 'MS' on the case property. Rajesh Kumar, SI then deposited the case property with the MHC and the accused was put in the lock up.
(2.) On 24.11.1999 Bhupinder Singh, HC alongwith other police officials produced the accused before learned Judicial Magistrate Ist Class, Samana, who had made his endorsement on the application and Bhupinder Singh, HC had re-deposited the case property with the MHC with seals intact. On receipt of the report of chemical examiner to the effect that the samples were of crushed poppy heads and on completion of other formalities of investigation, challan against the appellant was prepared and presented in the court.
(3.) Finding a prima-facie case against the appellant, learned Judge, Special Court, Patiala vide his order dated 15.03.2000 charged him for an offence punishable under section 15 of the Act. To the charge so framed against him, he pleaded not guilty and claimed trial.;