Kanwaljit Singh Ahluwalia, J. - (1.) APPELLANT Jeet Singh son of Bhagwan Singh, resident of Village Mitheri, District Sirsa stands convicted under Section 18 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 Rs. one lac, in default thereof to further undergo RI for two years. He was sought to be prosecuted in case FIR No. 167 dated 19 -6 -1992 registered in police station Sadar Dabwali.
(2.) THE case as set out in the FIR is that ASI Kartar Singh along with his companion police officials was patrolling in a private jeep in search of suspicious persons, when a secret information is said to have been received by him that Jeet Singh son of Bhagwan Singh indulges in sale of poppy straw from his residential house and in case a raid is conducted, heavy quantity of contraband can be recovered. The ASI along with his companions proceeded towards the house of the appellant. In the way Gurbaksh Singh PW met them, who was joined in the raiding party. On reaching the house of the appellant, the latter was found present there. The search was carried. Gunny bags were found lying under turi in a kotha, adjoining his house. On enquiry, the appellant told that these bags contained poppy straw. The ASI gave him a notice in writing offer to get the search conducted in the presence of a gazetted officer or Magistrate or the Illaqa Magistrate. It is stated that the appellant declined the offer and reposed his faith in ASI Kartar Singh. The ASI found 15 gunny bags under the Turi of the Kotha. 100 grams of poppy straw was separated from each of the bags as sample. Thereafter the remaining bulk in each bag was weighed to be 39.900 Kgs. On analysis, vide report of the Forensic science Laboratory (Exhibit PK), the substance of the samples was found to be poppy straw( Chura Post).
(3.) AFTER completion of investigation, report under Section 173 Cr.P.C. was submitted. The learned Additional Sessions Judge framed charge against the appellant for having in his possession 6 Quintals of poppy straw, unlawful possession of which was punishable under Section 15 of the Act, to which he pleaded not -guilty and claimed trial. The prosecution examined six witnesses in all: PW 1 Om Parkash tendered his affidavit Exhibit PA. PW 2 Constable Sampuran Singh also tendered his affidavit Exhibit PB in order to establish link evidence. PW 3 S.I. Dharam Pal was posted as SHO of the concerned police station at the relevant time, who deposed that on 19 -6 -1992 at 440 PM, ASI Kartar Singh produced before him the accused, witnesses and the case property. He proved the gunny bags Exhibits P1 to P15. In cross -examination, this witness admitted that Gurbaksh Singh PW was Sarpanch of Village Mitheri, who normally does the work of the panchayat. PW 4 is Gurbaksh Singh, who denied any recovery having been effected from the appellant in his presence. He was declared hostile. He also denied having made any previous statement before the police. PW 5 is H.C. Piare Lal, who was a member of the raiding party and has supported the prosecution version regarding search, seizure and the recovery. In cross -examination he stated that they went in a private jeep, which was taken on hire. He admitted that the Kotha from where the recovery was effected, was without roof and that there was another kotha with roof, adjacent to the said kotha of the appellant. PW 6 ASI Kartar Singh gave details of investigation and reiterated the version given by him in the FIR.;