AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction dated 20.11.2019 as well as the order of sentence dated 21.11.2019, vide which the appellant was convicted for an offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and he was sentenced to undergo rigorous imprisonment for a period of 03 months and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 01 month.

(2.) Brief facts of the case are that on 19.07.2018, ASI Jit Ram of Police Station Kiratpur Sahib along with HC Jujhar Singh, C. Kulvir Singh and C. Jasbir Singh went for patrolling on a private vehicle bearing No.CH-03-R-1829. They were present in the area of Baba Budan Shah turning in connection with checking duty and at about 04:30 PM from the side of Masewal, one person was seen coming on Vespa Scooter bearing No.PB-12-P-2132 along a bag (Jhola) which was hanged with the hook of the scooter. On suspicion, he was stopped by ASI Jit Ram and on interrogation he apprised the accused - Amrik Singh that he is suspecting that he is carrying some intoxicant substance with him and his search is to be conducted. ASI Jit Ram also apprised Amrik Singh about his legal right to get his search conducted either before the Magistrate or the Gazetted Officer, but he reposed confidence in him and thereafter, the consent memo Ex.PW7/A of the accused was prepared and on search of the bag (Jhola) carried out by the accused, 05 Kgs. poppy husk was recovered. The whole contraband was put into a parcel and sealed by ASI Jit Ram with his seal bearing impression 'JR' and he prepared the sample of the seal and handed over the same to HC Jujhar Singh. He took into possession the case property vide memo Ex.PW7/B. Thereafter, ASI Jit Ram prepared a ruqa and sent the same to Police Station through C. Jasvir Singh for registration of the case, on which FIR Ex.PW3/B was registered. ASI Jit Ram prepared the site plan Ex.PW7/B of the place of recovery and thereafter, arrested the accused - Amrik Singh vide arrest memo Ex.PW7/C and personal search memo Ex.PW7/D. The scooter of the accused was also took into possession vide memo Ex.PW7/E. Later on, the accused was produced before the SHO/ASI Mohan Lal, who verified the facts from the accused and witnesses and thereafter, he sealed the case property with his seal mark 'ML'. Thereafter, the accused was produced before the trial Court/Illaqa Magistrate along with the articles. The contraband was later on deposited with MHC and on receipt of the report of the Chemical Examiner and on completion of the investigation, challan against the accused was presented before the trial Court.

(3.) On presentation of the challan, charge under Section 15 (b) of the NDPS Act was framed against the accused, to which he did not plead guilty and claimed trial.