RAJBIR SINGH @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the accused-appellant Rajbir Singh @ Raju against the judgment dated 10.2.2011 passed by Ms. Archana Puri, Judge Special Court, Patiala, vide which the accused has been convicted under Sec. 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter after to be referred to as 'the Narcotic Drugs And Psychotropic Substances Act') and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 500.00. In case of default of payment of fine, the accused was to further undergo rigorous imprisonment for one month, for having been found in possession of 40 grams of smack.

(2.) Briefly stated, the facts of the case of the prosecution are that on 15.12.2006, ASI Mohinder Singh alongwith the other police officials in connection with patrolling duty, while in Maruti car bearing registration No. CH-01H-79 was proceeding from village Tejan towards village Bhattian. When the police party reached on the canal bridge of village Tejan, then on the bridge of the canal, one person was spotted, who on seeing the police party started walking swiftly on the canal path towards village Hiragarh. On suspicion, ASI Mohinder Singh stopped the vehicle and with the help of his police officials, apprehended the said person, who on enquiry disclosed his name as Rajbir Singh @ Raju. In the meanwhile, Sham Lal had come on a motor cycle from the side of village Tejan. He was apprised of the factual position and associated in the police party. Suspecting that the accused was carrying some narcotic substance, ASI Mohinder Singh disclosed his intention to conduct his search and apprised the accused about his legal right to get the said bag searched in the presence of Magistrate or Gazetted Officer. However, the accused reposed faith in ASI Mohinder Singh. ASI Mohinder Singh conducted the search of Rajbir Singh, which led to the recovery of smack wrapped in a glazed paper from the right pocket of the pant, which Rajbir Singh was wearing. Two samples of 1 gram each were separated and the residue smack on weighment came to be 38 grams. Parcels of the samples and residue were prepared and were duly sealed. Ruqa was sent to the police station on the basis of which FIR was registered.

(3.) On return to the police station, accused and the case property were produced before SHO Jassa Singh, who verified the fact of recovery and counter sealed all the parcels and sample seal with his seal. On receipt of the report of the Chemical Examiner and on completion of the investigation, challan against the accused was presented.