Conscious possession must be established by prosecution in narcotics cases, shifting burden to the accused to explain possession; minor discrepancies do not negate the prosecution’s case.

JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 04.08.2004 passed by the Special Judge, Muktsar.

2. The instant FIR came to be registered on 30.11.1996. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 04.08.2004. The present appeal against the conviction was filed on 18.02.2005. The matter has come up for final hearing now after more than 28 years of the registration of the FIR.

3. The prosecution story, in brief, is that on 30.11.1996 SHO Kirpal Singh, Police Station, Lambi alongwith ASI Gurdip Singh, HC Chander Mohan, LC Gurmej Singh, LC Gurjant Singh, C. Bhajan Singh, SPO Sukhdev Singh, PHGs Buta Singh, Santokh Singh, Shinderpal Singh, C. Bhupinder Singh and SPO Khushkaran Singh gunman on a Govt. Canter bearing No.PB-04B-9568 which was being driven by C.Amar Nath, under the leadership of Baljit Singh Buttar DSP (HQ), Muktsar, were going to villages Lohara, Ghumiara etc. in connection with patrol duty and for checking the hiding places of terrorists. When the police party reached Bus Stand Ghumiara, Ranga Singh son of Kapoor Singh, Ex-panch was joined in the police party. When the police party reached 01 km. ahead from village Ghumiara towards village Middu Khera, on the bridge of the water course at about 12-00 noon near the bridge on the right side of the road on the search of one abandoned room, the accused was found sitting on a heap of poppy husk on plastic paper. He was apprehended on suspicion and he disclosed his name as Mander Singh s/o Gobind Singh r/o Ghumiara. SHO Kirpal Singh asked the accused that he had a suspicion and that he wanted to get his search conducted. He further stated that he (accused) had a right to get his search conducted in their presence or in the presence of a Magistrate or a Gazetted Officer. The accused said that his search could be conducted in the presence of Ranga Singh independent witness and the DSP, who wårå already with the police party. A consent memo of the accused-Mander Singh was prepared, which was thumb marked by the accused and witnessed by Ranga Singh and the DSP and also by ASI Gurdip Singh. Then the SHO lifted the polythene paper. From the heap, poppy husk was recovered and from all the four sides, some poppy husk was taken as samples. Total 250 grams of poppy husk was separated and made into a parcel. The remaining poppy husk, on weighment, came out to be 350 kgs., which was put into 10 bags, each containing 35 kgs. of poppy husk. Then all the ten bags were made into parcels. Then all the ten bags and the sample parcel were sealed with the seal bearing ‘BSB’ of the DSP. The sample seal was separately prepared and the seal after use was handed over to Baljit Singh Buttar DSP. Thereafter, all the bags, sample parcel and sample seal, were sealed by Kirpal Singh SHO with his seal bearing impression ‘KS’ and the seal after use was handed over to ASI Gurdip Singh. The case property was taken into police possession vide separate memo. The accused could not produce any permit or licence for keeping the said poppy husk in his possession. Ruqa Ex. PB was prepared and sent to the police station, on the basis of which a formal FIR Ex.PB/1 was recorded by SI Dharam Singh. Rough site plan of the place of occurrence was prepared with correct marginal notes. Statements of the witnesses were recorded. The accused was made aware of the grounds of arrest and a separate memo to this effect was recorded which was thumb marked by the accused and signed by the witnesses. On his personal search