RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal arises out of the judgment of conviction and order of sentence dated 13.12.2007 passed by the learned Special Court, Jalandhar, whereby the appellant was convicted for an offence punishable under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,25,000/-. In the event of default of payment of fine, the appellant shall further undergo rigorous imprisonment for a period of 11/4 years.

(2.) The prosecution case was set in motion on the basis of ruqa (Ex.PC) sent by SI Harbhajan Singh at about 12.05 am to the effect that when he alongwith some other police officials was present near Damoria Bridge in connection with night dominance, one motor cycle came from the side of Qazi Mandi, which was signalled to stop with the help of accompanying officials and search light. On seeing the police party, one young man, who was riding Pulsar motor-cycle threw one packet from his pant and tried to run towards Damoria Bridge. The person was apprehended with the help of accompanying officials. On inquiry, he disclosed his name as Rajinder Kumar @ Pindri son of Veer Dass.

(3.) Thereafter, the packet thrown by him, which seemed to be smack, was picked up and out of which, a sample of 5 grams was separated as sample and the remaining was weighed, which found to be 495 grams. The residue alongwith sample parcel was converted into parcels duly sealed with the seal impression 'HS' and taken into possession. The seal after use was handed over to ASI Lakhwinder Singh. The motor-cycle 'Pulsar' without registration number was also taken into possession. SI Harbhajan Singh also conducted the personal search of the accused vide memo Ex.PB and prepared the rough site plan Ex.PE. On receipt of such ruqa, FIR, Ex.PD was recorded on 10.06.2006. The accused was arrested vide memo Ex.PF and intimation in this regard was sent to this wife Monika.