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2010 DIGILAW 1359 (PNJ)

Jasbir Singh v. State Of Punjab

2010-04-05

SABINA

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Judgment Sabina, J. 1. Accused -Jasbir Singh, appellant was sent up for trial by the Police of Police Station Samana to face charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) . Vide judgment dated 17.9.2002 passed by the Judge Special Court, Patiala the accused was convicted for an offence under Section 15 of the Act and vide order of even date, he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-. Hence, the present appeal by the accused-appellant. 2. Prosecution case, as noticed by the trial Court in paras No. 2 and 3 of its judgment, is reproduced herein below :- "2. Briefly, the prosecution story is that on 7.4.1996 Inspector Rachhpal Singh alongwith some other police officials were present at village Mallan Kheri in connection with patrol duty, where he received secret information against both the accused that they are sitting behind the tubewell room of Angrej Singh alongwith bags containing poppy husk and are in search of some customers. Then he sent wireless message to DSP Narinderpal Kaushal, Samana Circle. Thereafter, the police party started towards the disclosed place. On the way they met PW Angrej Singh and he was also joined in the police party. Then they raided the place of information and in the meantime DSP Narinderpal Kaushal also reached there. Both the accused were found sitting on the bags. On seeing the police party accused Pargat Singh fled away from the spot, while accused Jasbir Singh was apprehended. Then DSP Narinder Kaushal disclosed his identity to the accused. Inspector Rachhpal Singh conducted the search of the bags under direction of DSP, which were found to contain churra poppy heads. Two samples of 250 gms. each were separated from each bag and made into parcels. The bag of Jasbir Singh marked as Sr. No. 1 and that of Pargat Singh was marked as Sr. No. 2 and the sample parcels were also marked as No. 1 and No. 2. The remaining, on weighment was found to be 28 Kgs. in the bag recovered from Jasbir Singh and 27 Kgs. in the bag recovered from Pargat Singh. Two plastic dibbas were also lying near the bags. No. 2 and the sample parcels were also marked as No. 1 and No. 2. The remaining, on weighment was found to be 28 Kgs. in the bag recovered from Jasbir Singh and 27 Kgs. in the bag recovered from Pargat Singh. Two plastic dibbas were also lying near the bags. All the four sample parcels and both of the bags were sealed by the Investigator with his seal bearing impression RS and that of DSP Narinderpal Kaushal, bearing impression NP. After preparing sample seal, the seal after use was handed over to HC Malkiat Singh. The entire case property was taken into possession vide recovery memo, which was attested by PWs. Then Inspector Rachhpal Singh sent ruqa to the Police Station for the registration of the case, on the basis of which formal FIR was recorded by MHC Mewa Singh. Grounds of arrest were supplied to the accused vide memo, which was attested by the PWs. Visual site plan of the place of recovery was prepared with correct marginal notes. Statements of the witnesses were recorded. From the personal search of accused Jasbir Singh, Rs. 120/- were recovered and memo to this effect was also prepared, which was thumb marked by the accused and attested by the PWs. On return to the police station, Inspector Rachhpal Singh deposited the case property, with seals intact with the MHC. On 11.5.1996 accused Pargat Singh was produced before Inspector Rachhpal Singh by Beant Singh. He conducted his search and a sum of Rs. 50/- were recovered from him, which were taken into possession vide memo, attested by the PWs. On receipt of the report of the Chemical Examiner and after completion of formal investigation the accused were challaned 3. After the presentation of the challan, the accused were supplied with copies of documents as envisaged under Section 207 Cr.P.C. As a prima facie case under Section 15 of the Act was made out against the accused, they were charged accordingly to which they pleaded not guilty and claimed trial." Learned counsel for the appellant, during the course of arguments, has not challenged the conviction of the appellant under Section 15 of the Act. Learned counsel has submitted that as per the prosecution case itself, 28 kilograms of poppy husk was recovered from the appellant Jasbir Singh, whereas, 27 kilograms of poppy husk was recovered from co-accused-Pargat Singh, who has since been acquitted. Learned counsel has submitted that as per the prosecution case itself, 28 kilograms of poppy husk was recovered from the appellant Jasbir Singh, whereas, 27 kilograms of poppy husk was recovered from co-accused-Pargat Singh, who has since been acquitted. Learned counsel has further submitted that the appellant has undergone more than six years of actual sentence and his sentence qua imprisonment may be reduced to already undergone by him. 4. Accordingly, keeping in view the fact that a non-commercial quantity of poppy husk was recovered from-the appellant, and the fact that the appellant has already undergone more than six years of actual sentence, it would be just and expedient to reduce the sentence qua imprisonment to already undergone by the appellant and also reduce the sentence qua fine. 5. Hence, the conviction of the appellant under Section 15 of the Act is maintained. However, the sentence qua the imprisonment of the appellant is reduced to already undergone by him. The sentence qua fine is reduced from Rs. 1,00,000/- to Rs. 5000/-. The appellant is directed to deposit the amount of fine of Rs. 5000/- within two months from today failing which the appeal shall stand dismissed. Appeal stands disposed of accordingly.