RAJPAL SINGH ALIAS RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raj Pal Singh alias Raju has challenged the judgment dated 20.04.2005 and the order of sentence dated 21.04.2005 passed by learned Judge, Special Court, Moga, whereby he was held guilty for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for five years besides payment of fine of Rs. 50,000/-; in default of payment of fine, to undergo further rigorous imprisonment for a period of six months.

(2.) Brief facts in a nutshell are that on 03.01.2001, Sub Inspector Balbir Singh (PW3) along with other police officials was patrolling on kacha path leading to village Fathegarh Korotana from village Lohara. Two persons were coming on a bicycle and after seeing the police party, they tried to turn towards their left hand side. The person who was paddling the bicycle was identified as Gurnek Singh alias Neka son of Gurbachan Singh, resident of Fatehgarh Korotana, by Sub Inspector Balbir Singh and Head Constable Resham Singh. The person sitting on the carrier of the bicycle by holding a bag in his hand was apprehended. Sub Inspector Balbir Singh asked the name and address of the person apprehended at the spot and who disclosed his name as Raj Pal Singh alias Raju, resident of village Fatehgarh Korotana. Paramjit Singh son of Gurdeep Singh arrived at the spot who was joined in the police party. Gurnek Singh could not be apprehended in spite of efforts made by the police officials. Sub Inspector Balbir Singh suspected that Raj Pal Singh alias Raju (appellant) was retaining norcotic substance in the bag carried by him. He apprised the appellant of his right to get his search conducted in the presence of some Gazetted Officer. The consent memo was prepared in that regard and the same was signed by Raj Pal Singh alias Raju (appellant). Sub Inspector Balbir Singh requested Deputy Superintendent of Police Sarabjit Singh, Dharamkot to arrive at the spot. After his arrival, Sub Inspector Balbir Singh apprised him of the facts of the case and, thereafter, Deputy Superintendent of Police Sarabjit Singh narrated to Raj Pal Singh alias Raju (appellant) with regard to his status and posting and asked him as to whether he was ready to get his search conducted in his presence or in the presence of any Magistrate. Raj Pal Singh alias Raju (appellant) opted to be searched in the presence of Deputy Superintendent of Police. On instructions of the Deputy Superintendent of Police, search of the bag was conducted by Sub Inspector Balbir Singh and opium wrapped in polythene paper was found therein. In addition, a small balance and two weights of denomination value of 20 grams and 50 grams were also recovered. A sample of 10 grams was drawn from the recovered opium and a packet was prepared. On weighment, the residue opium came to be 490 grams, which was put in a packet, seals were affixed and packet was taken into police possession. Memo was sent to the police station on the basis of which, the FIR was registered. Appellant was formally arrested. After completing the formalities of the investigation at the spot, the case property and the appellant were produced before Assistant Sub Inspector/ Station House Officer, Gurcharan Singh, who verified the facts and took the case property into his possession. Sample was sent to Chemical Examiner for analysis and after receipt of the report and completion of the investigation, the charge sheet was presented in the court for prosecution of the appellant. In the meantime, Gurnek Singh alias Neka surrendered before the court below and, thereafter, the charges were framed under Section 18 of the NDPS Act against the appellant and Gurnek Singh alias Neka to which they pleaded not guilty and claimed trial.

(3.) In order to substantiate its allegations, the prosecution examined the following witnesses:-