JAINUDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jainudin son of Banhu Meian, resident of village Dunewan Patti, Police Station Thakrahan District Pachmi Champaran, Bihar (hereinafter referred to as 'the Appellant') convicted by learned Judge, Special Court, Jalandhar vide judgment dated 5.2.2008 for an offence punishable under Section 20 (wrongly mentioned as Section 21 in the judgment) of the Narcotic and Psychotropic Substances Act,1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs. one lakh, with further rigorous imprisonment for one year in default of payment of fine vide order of sentence of the same date, has preferred this appeal. The case set up by Police Station, Division No. 6, Jalandhar against him and one Nasir Ali (non-Appellant) is as under:

(2.) On 28.3.2005, Harbhajan Singh, S.I., C.I.A. Staff, Jalandhar was proceeding towards Model Town, Jalandhar as in charge of a police patrolling party consisting of Kewal Singh, A.S.I. and others. When he was opposite Ghai Hospital, Jalandhar, he noticed the Appellant and Nasir Ali as moving on a bicycle on wrong side of the road. Seeing the police party, they panicked and tried to take a U-turn. They were apprehended and questioned about their names, parentage and addresses. The person pedalling the bicycle told his name as Nasir Ali while the one traveling on his carrier told his name as Jainudin, i.e., the Appellant. Harbhajan Singh,S.I. suspecting them of carrying some contraband, thought of carrying out their search. They were informed of their right to be searched in the presence of a gazetted officer or a magistrate. Both of them claimed to have faith in Harbhajan Singh, S.I. and offered them to be searched by him. Their consent memos Exhibits PD and PE were prepared which were signed by the two respectively. Then Harbhajan Singh, Crl. Appeal No. 277-DB of 2008 -3-....

(3.) On 29.4.3005, Harbhajan Singh, S.I. obtained both the parcels from Gopal Krishan, M.H.C. and took them to the court of Judicial Magistrate Ist Class, Jalandhar. The magistrate broke open the seal of the parcel containing remainder of the charas recovered. He had also drawn a sample weighing 10 grams there from which was put in a small container and converting the same into a parcel, sealed the same with seal 'HS'. The remainder was again sealed with seal 'HS'. The three parcels were handed over by the magistrate to Harbhajan Singh, S.I. which he brought back to the police station and gave them to Gopal Krishan, M.H.C. On 20.4.2005, Gopal Krishan, M.H.C. gave the sample parcel to Jasbir Singh, H.C. for being taken to the office of Chemical Examiner, Punjab at Amritsar. Jasbir Singh, H.C. took the sample parcel and other papers to the office of Chemical Examiner, Amritsar and brought back the receipt issued there from to Gopal Krishan, M.H.C. Assistant Chemical Examiner, Amritsar, finding the sample to have intact seals and in good condition, analyzed its contents and found the ''same to be charas. On completion of the investigation, challan against the Appellant and Nasir Ali was prepared and submitted to the court. Appellant and Nasir Ali was prepared and submitted to the court.