SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant, Surinder Singh, against his conviction and sentence under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "the Act") awarded by Special Judge, Ferozepur, vide judgement dated 8.1.2002 and order dated 9.1.2003 by which he was sentenced to RI for 10 years and a fine of Rs. one lac and in default of payment of fine, he was further sentenced to undergo RI for one year.

(2.) BRIEFLY stated, the facts are that on 12.3.1995, Balwinder Singh, Sub Inspector, while on patrol duty, received secret information that the appellant alongwith his son was in the habit of selling intoxicant injections on payment and if raid was conducted, then he could be apprehended red handed. After a short while, Balwinder Singh, Sub Inspector, noticed a scooter coming from the side of Village Kotla in the light of Canter. When the scooter came near the police party, it was signalled to stop. The said scooter was being driven by Harpreet Singh son of Surinder Singh whereas Surinder Singh was sitting on the pillion seat. Balwinder Singh, Sub Inspector apprehended both of them on suspicion. Surinder Singh, appellant, was carrying a bag in his right hand. Balwinder Singh, Sub Inspector, gave offer to the appellant to get the bag searched in the presence of a Gazetted Officer but the appellant reposed confidence in the Investigating Officer and the consent memo was prepared. The co-accused, Harpreet Singh, also signed that consent memo. Thereafter, the bag, which the appellant was carrying, was searched. It was found to contain seven boxes, which contained 50 injections each and one box was containing 100 injections alongwith 2 syringes and 8 needles. 2 voils of spirit and cotton were also recovered from the bag, which Surinder Singh, appellant, was carrying. One injection was separated from each of the boxes. Samples, 9 in number, and the boxes containing remaining injections were sealed separately with the seal of 'BS' and were taken into possession vide memo attested by the witnesses. The scooter was also taken into possession. From the personal search of Surinder Singh Rs. 210/- currency notes were recovered whereas Rs. 165/- currency notes were recovered from Harpreet Singh. The same were also taken into possession.

(3.) THE challan against Harpreet Singh was separated as he was a juvenile and the challan was sent for trial before the Juvenile Tribunal.