- (1.) THE appellant has filed appeal aggrieved by his conviction, whereby he has been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1.00 lacs by the learned Additional Sessions Judge, Ludhiana vide judgment dated September 18, 1998.
(2.) THE machinery of prosecution was set into motion on the basis of a secret information received by PW 3 ASI Harbans Singh, Police Post Galib Kalan to the effect that one Amarjit Singh and his son Jaswinder Singh were in the habit of selling opium at their house and if raid is conducted, opium could be recovered from their possession. The information was found to be reliable, as such Ruqa Ex.PE was sent through C. Jagsir Singh, on the basis of which FIR Ex. PE/1 was recorded by MHC Nidhan Singh. Nirmal Singh was associated with the Police Party and the house of Amarjit Singh was raided. Amarjit Singh ran away from the spot on seeing the police party but his son Jaswinder Singh was apprehended. He made a statement Ex.PA to the effect that he had concealed the opium in the kitchen under the bags, which fact was known to him alone. The statement was signed by Jaswinder Singh and the same was attested by HC Gurjant Singh and independent witness Nirmal Singh.
(3.) ACCORDING to the statement of the appellant, he had wrapped the opium in a glazed paper. After recording the disclosure statement of the appellant Ex. PA/1 he was informed whether he wanted his search to be conducted by the Magistrate or the Gazetted Officer. He reposed confidence in the Investigating Officer PW 3 ASI Harbans Singh. His statement Ex.PB was recorded in that behalf. Two samples of 10 grams each were drawn and the remaining opium was found to be 1.980 kgs. Three parcles were made and sealed with seal HS. The case property was taken in to possession vide recovery memo Ex. PC, which was attested by H.C. Gurjant Singh and Nirmal Singh. Seal was not handed over to Nirmal Singh but was handed over to HC Gurjant Singh. From his personal search a sum of Rs. 15/ - was recovered, which were taken into possession vide memo Ex. PD. Site plan Ex. PF was prepared. Statements of witnesses were recorded. On return to the Police Station Sidhwan Bet, the investigating officer produced the case property before S.I. Gurdial Singh, SHO, who verified the same and put his own seal GS on the case property and the sample seal. Then on his direction the investigating officer deposited the case property with MHC Nidhan Singh. On the next date, the case property was taken from MHC Nidhan Singh and produced before the concerned Magistrate along with the accused. The Magistrate passed order Ex. PW3/B. The case property was redeposited with MHC Nidhan Singh without tampering. After the sample of the contraband having been tested, the Forensic Science Laboratory vide its report observed that the contents ofthe material recovered from the appellant were opium on the basis of Morphine contained in it. Challan was presented against the appellant before the concerned Magistrate. The Magistrate supplied copies of the documents to the appellant free of cost. The office u/s 18 of the NDPS Act being triable exclusively by the Court of Sessions, The case was committed to the court of learned Sessions Judge, Ludhiana, who in turn entrusted the same to the court of Additional Sessions Judge, Ludhiana. The said court charged him for offence u/s 18 of the NDPS Act. The appellant pleaded not guilty and claimed trial. In order to establish the case of the prosecution, the prosecution agency examined PW 1 ASI Nidhan Singh, who proved recovery Ex. PC. HC Gurjant Singh was examined as PW 2. The said witness proved the recovery of opium. The Investigating Officer PW 3 ASI Harbans Singh established the investigation and the recovery. SI Gurdial Singh before whom the accused was produced as well as the case property, was examined as PW 4. Report of Chemical Examiner was placed on record as Ex. PY. After closing the evidence, the entire incriminating material collected against the appellant was put to him and his statement u/s 313 Cr.P.C. was recorded. He had stated that he had been falsely implicated and the case had been planted at the instance of Nazar Singh. He had election enmity with son of said Nazar Singh. In defence he examined DW 1 Charanjit Singh and produced a copy of the Judgment passed by Additional Sessions Judge, Ludhiana, an invitation card and closed the evidence.;