KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Kuldip Singh was convicted for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). He has challenged the judgment of conviction and sentence passed by the trial Court. Hence, the present appeal. The brief case of the prosecution is that on 26.5.2004, PW1 Assistant Sub Inspector Gurnam Singh proceeded alongwith other police officials to the bridge at Ganda Nala near Bhagtanwala railway crossing and held a Nakabandi. The independent witness Swaran Singh was also joined. At about 4:00 pm PW1 saw the accused coming from the side of the railway crossing. On seeing the police, he got perplexed and tried to turn back. On suspicion, he was apprehended. As per his preference, PW2 DSP Ashwani Kapoor a gazetted officer was associated for the purpose of search. In his presence, a search was conducted. 40 grams of smack was recovered from the right pocket of his pants under recovery memo Ex.PC. The seal used By PW1 was handed over to one ASI Harnam Singh. The accused and the case property were entrusted to PW4 Inspector Hardev Singh who was the S.H.O. The FSL report would read that the samples sent for examination were nothing but smack.

(2.) The trial Court having adverted to the entire evidence on record returned a finding that the accused committed the offence punishable under Section 21 of the NDPS Act.

(3.) I heard the submissions made by the learned counsel appearing for the appellant/accused as well as the Assistant Advocate General appearing for the State.