Crl. Appeal No.680-SB of 1998

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Crl. Appeal No.680-SB of 1998

Date of Decision : April 30, 2008

Sarwan Singh S/o Bir Singh,

....Appellant

R/o Bazigar Basti, Dhuri,

District Sangrur.

Versus

The State of Punjab

....Respondent

CORAM:

HON'BLE MR. JUSTICE SHAM SUNDER

Present:

Mr. Narinder Singh, Advocate,

for the appellant.

Mr. S.S.Bhullar, DAG, Punjab,

for the respondent.

SHAM SUNDER, J.

This appeal is directed against the judgment of conviction, dated

7.8.1998, and the order of sentence dated 10.8.1998, rendered by the Court of

Sessions Judge, Sangrur, vide which it convicted the accused/appellant Sarwan

Singh, for the offence punishable under Section 15 of the Narcotic Drugs &

Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and

sentenced him to undergo rigorous imprisonment for a period of ten years, and,

to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo

rigorous imprisonment for another period of one year, for having been found in

possession of 3 bags, each containing 35 Kgs. poppy husk, without any permit

or licence.

2.

The facts, in brief, are that on 2.6.1994, Gurbax Singh, SI of CIA

Staff, Bhawanigarh, accompanied by Amrik Singh, ASI, Teja Singh, HC, and

other police officials, was proceeding from the side of village Kakra towards

Village Sakraudi, in Government vehicle, for the search of suspected places,

Crl. Appeal No.680-SB of 1998

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through unmetalled passage, and when the police party reached near the drain,

in the area of village Kakra, it saw a piece of cloth with checks (Dabidar Parna)

in wild growth of reeds (sarkandas). It raised suspicion, in the mind of the

police officials, that someone was hiding there. Gurbax Singh, SI, with the help

of other police officials, encircled that place. The police party entered the wild

growth of reeds (sarkandas), and found three bags. Sarwan Singh, accused, was

sitting on those bags. The bags were searched, in the presence of, Tulsi Ram,

DSP, who was called to the spot, as a result whereof, each bag was found

containing 35 Kgs. Poppy-husk. Two samples of 250 grams from each of the

bags, were taken out, and the remaining poppy-husk was kept in the same bags.

The samples and the remaining poppy husk, were converted into parcels, duly

sealed with the seal, bearing impression 'SS', and thereafter, taken into

possession vide a separate recovery memo. Ruqa was sent to the Police Station,

on the basis whereof, formal FIR was registered. Personal search of the

accused was also conducted, but no recovery was effected. Memo Ex.PD, in

this regard, was prepared. Rough site plan of the place of recovery, with

correct marginal notes, was prepared. The statements of the witnesses were

recorded. The accused was arrested. After the completion of investigation, the

accused was challaned.

3.

On appearance, in the Court, the copies of documents, relied

upon by the prosecution, were supplied to the accused. Charge under Section

15 of the Act, was framed against him, to which he pleaded not guilty and

claimed judicial trial.

4.

The prosecution, in support of its case, examined Baldev Singh,

HC (PW-1), Nachhatar Singh, Constable (PW-2), Tulsi Ram, DSP (PW-3),

Amrik Singh, ASI (PW-4), and Gurbax Singh, SI (PW-5). Thereafter, the

Public Prosecutor for the State, closed the prosecution evidence.

5.

The statement of the accused under Section 313 Cr.P.C., was

Crl. Appeal No.680-SB of 1998

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recorded, and he was put all the incriminating circumstances, appearing against

him, in the prosecution evidence. He pleaded false implication. It was stated by

him, that no poppy-husk was recovered from him. It was further stated by him,

that he was illegally detained in the Police Station, and the poppy-husk

aforesaid, was foisted upon him. He, however, did not lead any evidence, in his

defence.

6.

After hearing the Public Prosecutor for the State, the Co