IMPORTANT POINT
Narcotic--Conscious Possession--Recovery of 8 Kgs. of opium--Mere fact that appellant-rickshaw puller was carrying passengers in his rickshaw who were carrying a bag containing contraband appellant cannot be attributed any knowledge of contents of bag carried by passengers--Appellant acquitted.
Narcotic--Independent witness--Search carried out by Gazetted Officer examined and cross examined at length--Mere fact that independent witness was not examined does not throw any doubt on prosecution case.
Narcotics--Conviction--Reduction of sentence--Appellants not habitually indulging in trade of narcotics--Sentence of 20 year R.I. and fine of Rs.2 lakhs reduced to 10 years R.I. & fine of Rs. 1 lakh each.

Hemant Gupta, J.:- The present appeal has been filed by Bal Krishan, Ranbir Singh and Gobind Ram aggrieved against the judgment dated 16.03.2004 passed by the learned Special Judge, Amritsar, convicting the appellants for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as “the Act”) and sentencing them to undergo rigorous imprisonment for 20 years each and to pay a fine of Rs.2 lakhs each. The appellants have been directed to undergo further rigorous imprisonment for two years each in case of default of payment of fine.

2. The prosecution case was set in motion on the basis secret information received on 26.11.2002. The information was that Ranbir Singh s/o Harlal and Gobind Ram s/o Mela Ram have brought opium from Rajasthan. Both of them are staying with Bal Krishan s/o Dukhi Ram resident of opposite Jawala Flour Mill, Amritsar and they have to deliver opium near Kishore Hotel today. On the basis of such information, police officials led by Inspector Harvinder Singh, Station House Officer, Police Station Civil Lines, Amritsar, organized a naka near Kishore Hotel, Queens Road, Amritsar. One Bua Singh s/o Achhar Singh, who happened to be available at the spot by chance, was joined in the police party. About 20-25 minutes later from the side of Ashoka Chowk, there came a rickshaw on which two Hindu men were sitting, who had put a gunny bag on their lap and the said rickshaw was being paddled by a Hindu man who tried to turn back his rickshaw on seeing the police party. They were apprehended by the Inspector on suspicion with the help of co-officials and asked about their identity. The person who was paddling the rickshaw gave his name as Bal Krishan, whereas the persons sitting on the rickshaw disclosed their names as Ranbir Singh and Gobind Ram. Inspector told them that there is suspicion that they have opium in their possession and they are to be searched. Inspector asked them if they wished to be searched by a Magistrate or a Gazetted Officer. Bal Krishan, Ranbir Singh and Gobind Ram offered to be searched by a Gazetted Officer. Deputy Superintendent of Police (Headquarters) was requested to reach the spot. Shri Ashwani Kapoor, DSP (HQ) reached the spot on a government Gypsy. Shri Ashwani Kapoor carried out the process of personal search of Gobind Ram and Ranbir Singh and from the gunny bag, on the lap of Gobind Ram and Ranbir Singh, opium wrapped in a glazed paper was recovered. Two samples of 10 grams each were separated and put into plastic Dabbi. The remaining opium weighing 7 Kg 980 grams was put into a plastic box. Two samples and the plastic box containing the seized quantity of the opium were sealed with his seal HS. Deputy Superintendent (HQ) put his signatures on it and the same were taken into possession vide separate memos. On personal search of Bal Krishan, Rs.70/- were recovered from the front pocket of his shirt, whereas Rs.340/- and 275/- were recovered from the front pocket of the shirts of Gobind Ram and Ranbir Singh respectively. The process of recording of First Information Report was completed at 09.55 p.m.

3. Non Consent Memos are Exhibits PJ, PJ/1 and PJ/2 recorded by Harvinder Singh, Inspector, Station House Officer, in respect of appellants Bal Krishan, Ranbir Singh and Gobind Ram respectively as to whether they would be liked to be searched by a Gazetted Officer or before some Magistrate. On the basis of their statements that they would like to be searched by a Gazetted Officer, Shri Ashwani Kapoor, Deputy Superintendent of Police (HQ) posted as Amritsar carried out the personal search of the accused persons. The Memo of Consent at the time of search by Gazetted Officer in respect of Ranbir, Bal Krishan and Gobind Ram are Exhibits PA, PB and PC respectively. Exhibit PD is the memo of recovery of 7 Kg. 980 Grams of opium kept in a separate plastic box after separating 10/10 grams of opium as sample. Recovery memos of personal