MELO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dated 05.06.2017 vide which the appellants have been convicted for having committed offence under Section 15 of the N.D.P.S. Act (for short, 'the Act') and each of them have been sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs. 1.00 lakh each and in default of payment of fine, to further undergo rigorous imprisonment of 2 years and 6 months.

(2.) Briefly, the facts as put-forth by the prosecution are to the effect that on 28.04.2013, the police party headed by Inspector Fakir Fateh Singh was patrolling in an official vehicle and were proceeding from village Chatt towards Mcdonalds restaurant. At about 3.30 P.M., they reached near Mcdonalds restaurant. They spotted the appellants. One of the appellants was carrying one bag and other two appellants were carrying one bag in their hands. The appellants were apprehended on suspicion and their identify was verified. Inspector Fakir Fateh Singh apprised the appellants of their legal right to get themselves searched before a Gazetted Officer or a Magistrate as it was suspected that they were carrying intoxicant substances in their bags. The appellants opted to get themselves searched before a Gazetted Officer. The consent memo was prepared and Anil Kumar, Superintendent of Police, Derabassi was requested to arrive at the spot and on his arrival, he gave his introduction to the appellants who gave their consent in getting the search conducted in his presence. Meanwhile, Harbans Singh appeared at the spot and he was joined in the police party. The consent memo of the appellants was prepared. Search of the bags was conducted by Anil Kumar, Superintendent of Police, Derabassi. Melo-appellant No. 1 was carrying one plastic bag having 25 Kg. and 500 grams of poppy husk. He took two samples of 250 grams of poppy husk from the said bag. On the search of appellant Nos. 2 and 3, namely, Rani and Meeto, it was found that they were carrying one plastic bag having 25 Kgs. of poppy husk. Anil Kumar, Superintendent of Police took two samples each of 250 grams poppy husk from the said bag. Both the bulk samples and four sample parcels were sealed vide seal bearing impression of 'FFS' and 'AK' of Inspector Fakir Fateh Singh and Anil Kumar, Superintendent of Police, Derabassi, respectively. The seals after use were handed over to Harbans Singh. Specimen seal was prepared. Personal search of the appellants was conducted by LC Gurjit Kaur and the articles recovered were taken into possession vide separate personal search memos.

(3.) On completion of the investigation, challan was presented in the Court. Prima-facie, case under Section 15 of the Act was made out against the appellants. The charge was accordingly framed to which they pleaded not guilty and claimed trial.