SWARN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by the accused -Appellant Swarn Singh against the judgment dated 5.2.2011 passed by Sh. J.S. Bhinder, Special Judge, Ferozepur, vide which the accused has been convicted under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter after to be referred to as 'the NDPS Act') and sentence to undergo rigorous imprisonment for six months and to pay fine of Rs. 2,000/ -. In case of default of payment of fine, the accused was to further undergo rigorous imprisonment for 1 month, for having been found in possession of 10 grams of smack.

(2.) BRIEFLY stated, the facts of the case of the prosecution are that on 1.7.2007, SI Jaswant Rai alongwith the other police officials was going towards Jhoke Hari Har in connection with patrolling. When the police party reached near brick kiln of Chiman Lal in the area of village Jhoke Hari Har, accused was seen standing on the turning point of the link road. On seeing the police party the accused became nervous and took out one polythene bag from right pocket of his pant and threw the same. On suspicion, he was apprehended. Then SI Jaswant Rai, Investigating Officer of this case checked the polythene thrown by the accused, as a result of which smack was recovered. On weighment it came to be 10 grams. One sample of two grams was separated and its parcel was prepared. The remaining smack was also put in a separate parcel. The both the parcels were duly sealed. The entire case property was taken into possession vide recovery memo. Ruqa was sent to the Police Station for registration of the case against the accused, on the basis of which FIR was registered. From the personal search of the accused, a sum of Rs. 85/ -was recovered. The accused was arrested and grounds of arrest were intimated to him. Rough site plan was prepared and statements of witnesses were recorded. On return to police station, the Investigating Officer produced the accused alongwith case property before ASI / Officiating SHO Des Raj who also affixed his seal on the case property. After receiving the report of Chemical Examiner and completion of investigation, challan was presented against the accused. Charge under Section 21 of the NDPS Act was served upon the accused, to which he pleaded not guilty and claimed trial.

(3.) THE accused was examined under Section 313 Code of Criminal Procedure and all the incriminating evidence was put to him, to which he denied and claimed that he is innocent and pleaded that he has been falsely implicated in this case In his defence the accused led no evidence.