BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 13.07.2012 passed by Sh. Hemant Gopal, Special Judge, Sri Muktsar Sahib vide which the appellant has been convicted under Section 15 of NDPS Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) The case of the prosecution in brief is that on 24.12.2006, SI Ajmair Singh along with other police officials was on a private jeep being driven by HC Balkaran Singh in connection with patrol duty and was going from village Burj Sidhwan to village Chhapianwali via link road. When the police party was one kilometer behind from village Chhapianwali near bridge of canal minor, two persons were seen coming carrying gunny bags on their heads and on seeing the police party both the persons got perplexed and turned towards different directions. One person with gunny bag was apprehended and he disclosed his name as Baljinder Singh now appellant. Investigating Officer told Baljinder Singh that he suspected some contraband in the plastic bag and the search is to be conducted and he has a legal right for the search in the presence of some Gazetted officer or a Magistrate. The accused however, reposed confidence in the investigating officer and consent memo was prepared. Thereafter the search of the bag was conducted and the poppy husk was recovered from the plastic bag. Out of the bag, 250 grams of poppy husk was separated as sample and converted into a parcel. On weighment, the remaining poppy husk was found to be 9.750 kgs. The same was also converted into another parcel. Both the parcels were sealed by the investigating officer by putting seal bearing impression 'AS'. Specimen seal chit was prepared and the seal after use was handed over to HC Balkaran Singh. Ruqa was sent to the police station on the basis of which formal FIR was registered. On returning to the police station, the case property was produced before the SHO/ Inspector Ram Lal to check the case property and verify the investigation. On the next date, the SHO produced the accused along with the case property in the Court of Sub Divisional Judicial Magistrate, Malout and the inventory report was made. The photograph of the case property was taken. Additional sample from the bulk parcel was drawn in the Court and that was duly sealed. Thereafter the case property was deposited with MHC Gurmit Singh with the seal intact.

(3.) On presentation of challan, copies thereof and other documents were supplied to the accused as provided under Section 207 of Criminal Procedure Code (in short 'Cr.PC'). The trial court framed charge under Section 15 of the NDPS Act, to which the accused pleaded not guilty and claimed trial.