BHARAT BHUSHAN PARSOON, J. - (1.) THIS appeal is directed against judgment of conviction and order of sentence, both dated 7.3.2003 passed by Judge, Special Court, Patiala, vide which accused -appellant Ajay Kumar was held guilty in case FIR No.41 dated 7.5.1998 registered at Police Station, Sadar, Nabha for commission of an offence punishable under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter mentioned as the Act) and was sentenced as under: Offence Sentence In default Under Section 18(c)7 RI for two years and fine RI for three months of the Act. of Rs.2,000/ -
(2.) THE brief facts of the case in hand, as recorded by the learned trial Court in the impugned judgment, are reproduced as under: - On 7.5.1998, ASI Gurcharan Singh, while attached with Police Post Chhintanwala of Police Station, Sadar,Nabha, along with other police officials and one Nahar Singh, detained the accused at bus stop of village Kot Khurd when he was carrying a bag in his right hand. On seeing the police party, accused turned towards sun -flower fields and suspecting that the accused was carrying some contraband in the bag being carried by him in his right hand, ASI Gurcharan Singh, told him that his search was to be conducted and if he so desired, some Magistrate or gazetted officer could be called to supervise the search. The accused made statement (Ex.PA) that he wanted his search to be conducted in the presence of a gazetted officer. Later Gurmeet Singh Chauhan, DSP, Nabha was called at the place of recovery who on arrival disclosed his identity to the accused as a gazetted officer and told him that search of his bag was to be conducted. Later, search of the bag was conducted by ASI Gurcharan Singh in the presence of other police officials including DSP Gurmeet Singh Chauhan and PW Nahar Singh. It resulted in recovery of 1 kg. 500 gms. of opium and two samples of 10 gms. each were drawn therefrom, which were put in two separate small plastic containers and the remaining opium, which on weighment came to 1 kg. 480 gms., was put into another plastic container. All the parcels were separately sealed by ASI Gurcharan Singh with his seal bearing impression GS and was seized vide memo (Ex.PB). Later, ruqa (Ex.PF) was sent to the police station which formed the basis of formal FIR (Ex.PF/1). Later, ASI Gurcharan Singh prepared site -plan (Ex.PG) with correct marginal notes. He recorded the statements of witnesses under Section 161 Cr.P.C. Grounds of arrest were also disclosed to the accused and on return to the police station, ASI Gurcharan Singh produced the case property before SHO Karan Sher Singh, who verified the investigations and later ASI Gurcharan Singh deposited the case property with MHC Mewa Singh. On the next day, accused and the case property were produced before Illaqa Magistrate vide application (Ex.PH), whereon, the latter passed order (Ex.PH/1).A sealed sample parcel of this case was sent to the Chemical Examiner by Mewa Singh MHC and the former vide report (Ex.PJ) declared the contents of the sample parcel to be of opium. After completion of investigation, SHO, PS Sadar,Nabha finalized the report under Section 173 Cr.P.C. On being charge -sheeted for commission of the offence under Section 18(c) of the Act, the accused pleaded not guilty and claimed trial.
(3.) TO substantiate its case against the accused, the prosecution had examined as many as seven witnesses namely HC Jaspal Singh as PW1, HC Mewa Singh as PW2, Nahar Singh as PW3, ASI Gurcharan Singh as PW4, DSP Gurmeet Singh as PW5, SI Karan Sher Singh as PW6 and C -II Rajinderpal as PW7.;