RULDU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Appellant Ruldu Ram has filed the instant appeal against the judgment and order dated 23.12.2005 and 24.12.2005, respectively, rendered by Special Judge, Gurdaspur, in Sessions Case No. 16 of 2004. By the said judgment, the trial court convicted the appellant and his co-accused Anup Gupta under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and vide order dated 24.12.2005, both of them were sentenced to undergo rigorous imprisonment for 12 years, with a fine of Rs. 1,00,000/- each under Section 21 of the NDPS Act. In default of payment of fine, the defaulting convict was directed to further undergo rigorous imprisonment for one year.

(2.) In the present case, on 24.8.2003, when the police party headed by SI Paramjit Singh (PW.2) was holding a 'nakabandi' at Amritsar bye pass in connection with general checking, it received a secret information that one Ruldu Ram was to receive a consignment of smack from Rajasthan through one Anup Gupta. On receiving the said information, SI Paramjit Singh went to Jalandhar bye pass for the purpose of holding a special 'naka'. While on their way, the police party spotted two persons coming out of a deserted brick kiln. On seeing the police party, both those persons immediately turned back, thereby raising a suspicion in the minds of the police party. SI Paramjit Singh then stopped those two persons and apprehended them. On enquiry, they disclosed their identity as Ruldu Ram (appellant) and Anup Gupta (co-accused of appellant). They were suspected to be in possession of some drugs. SI Paramjit Singh asked them as to whether they desired to get themselves searched by a Gazetted Officer or by a Magistrate. Both of them expressed their desire to get themselves searched by a Gazetted Officer. Accordingly, a wireless message was sent to DSP Narinder Kumar Bedi (PW.1) with a request that he should reach the spot, where appellant Ruldu Ram and his co-accused Anup Gupta had been apprehended. After some time, DSP Narinder Kumar Bedi reached the spot and he again asked both the persons as to whether they would like to get themselves searched by him or by a Magistrate. They had consented to be searched by DSP. During the search, one kilogram of brown sugar was recovered from the possession of the appellant, which he had concealed in a glazed paper from a yellow colour 'parna' tied by him around his waist. On personal search of Anup Gupta, half a kilogram of brown sugar wrapped in a glazed paper was recovered from an attaichi-case, which he was holding in his right hand. 10 grams each of brown sugar were separated out of both the recoveries, as samples, and their parcels were prepared. Separate parcels of the remaining 990 grams of brown sugar, recovered from appellant Ruldu Ram, and 490 grams of brown sugar, recovered from his co-accused Anup Gupta, were prepared. All the parcels were sealed with the seals of SI Paramjit Singh and DSP Narinder Singh Bedi. The two sample parcels were sent to the Chemical Examiner for analysis. As per the report of Forensic Science Laboratory, Punjab, Chandigarh (Ex.PM), these samples contained 4.9% and 5% Dyecetyle Morphine.

(3.) After completion of investigation, the challan was filed against the accused and charge under Section 21 of the NDPS Act was framed, to which they did not plead guilty and claimed trial.