SUMIT TOMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) SUMIT Tomar -appellant has directed the present appeal against the judgment and order dated 20.8.2009 passed by learned Judge, Special Court, Patiala vide which accused/appellant has been convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short -the Act) and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. The prosecution story when put in brief is that on 27.6.2004 ASI Gurdeep Singh was leading the police party in connection with special naka bandi and was present at bus stand Basantpura, when Kaur Singh PW met them. In the meantime at about 5.00 p.m. from the side of Rajpura Indica Car bearing registration No. DL -7CC -0654 was seen coming which was signaled to stop but driver tried to flee it away and then investigating officer placed the Barricade and car was made to stop. On enquiry driver told his name Sumit Tomar and his companion told his name Vikas Kumar. On suspicion car was checked and two plastic bags were found. Then the investigating officer told the accused that he suspected some contraband in the bags and further told them that search of bags is to be conducted and they had a right to get the search conducted in the presence of Gazetted Officer or Magistrate. Both the accused reposed faith in the investigating officer and on search of bags poppy husk was found. Contents of both the bags were mixed with each other with the help -of tarpaulin and thereafter two samples of 250 grams each were separated and residue on weighment came to be 69 Kg 500 grams. Sample parcel and residue parcel were prepared and sealed with seal impression GS. Specimen seal was prepared. Seal after use was handed over to Kaur Singh. Case property was taken into possession. Site plan of the place of recovery was prepared. Statements of the witnesses were recorded and the accused were arrested. After completion of necessary investigation, challan against the accused was presented in the Court for trial.

(2.) ON appearance of the accused, complete copies of challan papers were supplied to the accused. Charge under Section 15 and 25 of the Act was framed against the accused. The accused pleaded not guilty and claimed trial.

(3.) AFTER closure of the prosecution evidence, statement of the accused under Section 313 Cr.P.C., was recorded. The accused denied the incriminating evidence and claimed to be innocent and had been falsely implicated in the case. The accused examined Mahipal Singh (DW -1) and also tendered certain documents into evidence. Vikas Kumar co -accused of the appellant has died during the trial.