HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is to set aside the judgment of conviction dtd. 31/5/2017, vide which the appellant was convicted under Sec. 22 (c) of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and order of sentence of even date, vide which he was ordered to undergo rigorous imprisonment for a period of 10 years along with a fine of Rs.1.00 lac and in default of payment of fine, the appellant was further ordered to undergo R.I. for a period of one year.

(2.) Brief facts of the case, as per the prosecution version, are that on 20/3/2015, ASI Prem Singh along with ASI Balwinder Singh and other police officials were on patrol duty and were going from Village Badhni Kalan towards Village Rauke Kalan. In the meantime, they noticed that accused-appellant Harjit Singh @ Hira was seen coming from the opposite side and on seeing the police party, he tried to ran away towards the fields, but was apprehended by ASI Prem Singh with the help of other police officials. On inquiry, he disclosed his name as Harjit Singh @ Hira. ASI Prem Singh suspecting that the appellant is carrying some intoxicant substance, gave him a notice apprising about his legal right to get his search conducted in presence of a Gazetted Officer or a Magistrate. The appellant reposed confidence in the Investigating Officer himself and in this regard, a consent memo was prepared, which was signed by the appellant and witnessed by ASI Balwinder Singh and HC Gurcharan Singh. Thereafter, personal search of the appellant was conducted and from the left pocket of his pant, intoxicant powder wrapped in a polythene bag was recovered. Out of the same, 20 grams of intoxicant powder was separated to prepare two sample parcels of 10 gram each and residue came out to be 130 grams and a separate bulk parcel was also prepared for that. The sample parcel as well as bulk parcel were sealed by ASI Prem Singh with seal impression 'PS' and CFSL form was also prepared with the same sample seal. The case property was taken in possession vide recovery memo. From personal search of the appellant, Rs.30.00 were recovered. The other formalities like preparation of arrest memo, site plan etc. were made at the spot and thereafter, a ruqa was sent by ASI Prem Singh to the police station through Constable Gurdeep Singh and formal FIR was registered by ASI Balraj Masih. The case property was taken in possession by the police; statements of the witnesses were recorded at the spot. On receiving the report from the Chemical Examiner, challan was presented in the Court. Copies of the challan were supplied free of cost to the accused. The trial Court framed charge under Sec. 22 of NDPS Act. The accused-appellant did not plead guilty and claimed trial.

(3.) The prosecution, in its evidence, recorded the statement of PW1 Constable Sukhvir Singh, who tendered in evidence his affidavit Ex.Pl. As per his affidavit Ex.Pl, on 26/3/2015, ASI Balraj Masih handed over two parcels of 10 grams each with seal 'PS+BM' to him and after obtaining the docket from the office of SSP, he deposited the same with FSL on 27/3/2015.