BALWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted vide order and judgement dated 9.3.2010 passed by Special Judge, Moga, for the offence under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 to undergo RI for a period of 1 year and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further RI for three months. Aggrieved against the said order and judgment, the appellant has filed the present appeal.

(2.) In brief the case of the prosecution is that on 3.6.2007, Gurbhej Singh SI alongwith Gamdoor Singh and other police officials were going towards village Khosa Randhir Singh for the purpose of investigation in case FIR No. 8/07 registered under Section 302 IPC and when their vehicle reached near the canal in the area of village Gagra, accused Balwinder Kaur was found standing there and on seeing their vehicle she started walking on the beam of canal. On the basis of suspicion SI Gamdoor Singh stopped their vehicle and the accused, who was stated to be carrying a bag, nabbed and interrogated about her identity. SHO Gamdoor Singh told the accused that he suspected that some intoxicant material in her bag and thus it was to be searched. He apprised the accused of her legal right to opt the search either from him or some Magistrate or some GO. The accused opted her search in the presence of some GO. regarding which non-consent memo Ex. P-1 was prepared, which was signed by the accused and attested by SI Gurbhej Singh and lady constable Amarjit Kaur. DSP Jagjit Singh of Dhankot was called at the spot. In the meanwhile, Amarjit Singh private witness also reached at the spot. On his reaching at the spot, DSP Jagjit Singh introduced himself to the accused by disclosing his rank and identity. He also apprised the accused of her legal right to opt her search either from him or some magistrate. Accused opted her search in the presence of DSP Jagjit Singh. Regarding which consent memo Ex. P-2 was prepared, which was signed by the accused and attested by SI Gurbhej Singh, lady constable Amarjit Kaur, DSP Jagjit Singh and Amarjit Singh. On the direction of the DSP, lady constable Amarjit Kaur conducted search of the bag of the accused from which I Kg Opium wrapped in a glazed paper was recovered. Two samples each of 20 grams were taken out from the recovered contraband and the same were converted into 2 separate parcels. The residue contraband was put in a separate box and its separate parcel was prepared. SHO Gamdoor Singh sealed all those parcels with his seal of Mark GS and the DSP sealed the same with his seal of Mark JS. Both of them prepared samples of their seals on CFSL form Ex. P-3. SI Gamdoor Singh handed over his seal to SI Gurbhej Singh and the DSP retained his seal with him. The case property was taken into possession vide memo Ex. P-4. Rs. 365/- were also recovered from personal search of the accused conducted by C. Amarjit Kaur, regarding which memo Ex. P-5 was prepared, which was signed by the accused. As per the CFSL report, the recovered sample was of opium. The total recovery was 1 kilogram of opium. The same was stated to be found in conscious possession of the accused without any licence or permit. Accordingly, the FIR was registered.

(3.) The prosecution in order to substantiate the charge beside other formal witnesses examined PW-1 SI Gurbhej Singh, who was one of the witness to the recovery. PW-5 Investigating Officer Gamdoor Singh, PW-4 DSP Jagjit Singh, who testified that he reached at the spot on wireless message received from SHO Gamdoor Singh. Independent witness Amarjit Singh was given up being won over. Whereas, lady constable Amarjit Kaur was given up as unnecessary.