MAHESH GROVER,J - (1.) THE present appeal is directed against the judgment of the Special Judge, Moga dated 16.2.2004 vide which the appellant has been convicted and sentenced to undergo RI for 10 years and to pay a fine of Rs. 1 lac under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and in default of payment of fine to undergo for the RI for one year.
(2.) ACCORDING to the prosecution version, on 10.8.2000, SI Mohan Lal along with his co-officials, was proceeding in an official van from the premises of CIA Staff, Moga towards Village Singhanwala. They were on secret duty and were checking persons on suspicion. On the way, Jhandewala met them who was joined in the police party. After covering about 1 kilometer from village Tarewala towards Village Singhanwala, they saw a man sitting under the Tahli tree on two gunny bags. On seeing the police party, he tried to slip away towards agricultural field. On the basis of suspicion, SI made the van to stop. The person was apprehended by him with the help of his co-officials. He disclosed his name as Jagmohan Singh son of Lal Singh resident of Village Jhandewala, Police Station Baghapurana. The time was about 1.30 p.m. The SI told him that they were suspecting some intoxicating material to be present in the bags and wanted to search him. The right of the appellant to get his search done in the presence of a Gazetted Officer was duly intimated to him. The appellant desired that his search be conducted before the Gazetted Officer. His consent memo was got prepared accordingly. Wireless message was then sent to Shri Nachhattar Singh, DSP (D), Moga, requesting him to come to the spot. On his arrival, along with his staff, he introduced himself to the accused and search of the bags was conducted. Poppy straw was found in them. Both bags were marked as Number 1 and Number 2. From each bag, a sample of poppy straw weighing 250 grams, was taken out. Their parcels were prepared in pieces of cloth. On weighing, remaining poppy straw came to 40 kilograms in each bag. Their parcels were also separately prepared. The gunny bags were sealed by the SI with a seal of description ML. DSP had also put his seal of description NS on all the parcels. Separate sample seal was prepared. SI entrusted his seal to private witness Balbir Singh after its use while DSP retained his seal in his possession. All the sealed parcels and samples were taken into possession vide Recovery Memo. Rough site plan of the site was also prepared. The personal search of the appellant revealed currency notes of Rs. 30/- which were taken into possession. After recording the statements of the witnesses and interrogation of the appellant, he was formally arrested and factum of his arrest was informed to Bachittar Singh, Ex-Sarpanch of Village. Formal FIR was also recorded. On return of the police party from the spot to the Police Station Sadar, Moga, the accused and items of the case property were produced before Inspector Manwinder Singh, SHO. All the parcels were sealed with the description MS and he also put impression of his seal on sample seal. The case property was taken in custody vide separate recovery memo.
(3.) AFTER completing the investigation, the challan under Section 173 of the Cr.P.C. was prepared and the copies were supplied to the accused. Charge under Section 15 of the NDPS Act was framed against the appellant. He pleaded not guilty and claimed trial. The prosecution produced the following witnesses :- 1. HC Gamdoor Singh (PW-1) 2. Nachhattar Singh, DSP (D), Moga (PW-2) 3. Inspector Manwinder Singh, SHO (PW-3) 4. SI Balkar Singh (PW-4) 5. SI Mohan Lal, Investigating Officer (PW-5) 6. ASI Surjit Singh, (PW-6) 7. HC Jarnail Singh (PW-7) 8. C. Nachhattar Singh (PW-8) ;