Kanwaljit Singh Ahluwalia, J. - (1.) PARGAT Singh son of Swaran Singh resident of village Dode Kalsian, Tehsil Patti, District Amritsar has filed the present appeal aggrieved against the judgment and order of Additional Sessions Judge, Amritsar, whereby he has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'the Act') and has been sentenced to undergo RI for ten years and to pay a fine of Rupees one lac, in default of payment of which to further undergo RI for one year.
(2.) THE present appellant was sought to be prosecuted in case FIR No. 122 dated 25.10.1995 by the police of police station Bhilkhiwind for having been found in possession of 30 injections of morphine, one vial and one syringe. The case set out in the FIR is that SI Resham Singh along with his companion officials was present near Bus Stand Patti in connection with patrol duty, when a secret information is said to have been received that Pargat Singh appellant, who is running a shop near Gurdwara on Patti road, used to administer injections of morphine to young boys and drug addicts. It was further told that the appellant had gone to village Kaleke for administering injections to the addicts and in case naka is laid, a large number of morphine injections could be recovered from him. Accordingly SI Resham Singh laid a naka. After some time a person was found coming with one plastic envelope in his hand. While he was waiting for a bus on the road, he was apprehended on suspicion. On enquiry he disclosed his name as Pargat Singh. The Investigating Officer offered him to get his personal search conducted in the presence of a gazetted officer or a Magistrate. The appellant opted to be searched in the presence of DSP. Accordingly, SI Resham Singh sent wireless message to DSP Ashok Kumar, who reached the spot at about 3 -00 pm. Thereafter search of the appellant was conducted and from the plastic bag, 30 injections of morphine, one vial (in which morphine injections had been injected with syringe) were recovered and the same were taken into possession. After recording the proceedings, the same were sent to the police station, on the basis of which the present FIR was registered.
(3.) AFTER completion of investigations, report under Section 173 Cr.P.C. was submitted. The appellant was charged under Section 21 of the Act, to which he pleaded not guilty and claimed trial. The prosecution in all has examined four witnesses: PW1 Resham Singh is the Investigating Officer. PW2 is Ashok Kumar DSP, in whose presence the recovery was effected. PW3 is SI Narinder Singh, who was posted as SHO of the concerned police station at the relevant time. He deposed regarding production of case property before him and thereafter he produced the same before the Illaqa Magistrate. PW4 is Paramjit Singh, who has been examined to prove the link evidence.;