TALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is by Talwinder Singh against the judgment of conviction and order of sentence dated 11.02.2009 passed by the 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 15 years and to pay a fine of Rs.1,50,000/-. In the event of default of payment of fine, the appellant was to further undergo rigorous imprisonment for a period of 3 years.

(2.) The prosecution case was set in motion on the basis of secret information received by Balwinder Kumar, Intelligence Officer posted at Narcotics Control Bureau, Chandigarh on 24.08.2006 to the effect that one Sikh person, aged about 33 to 35 years, wearing black turban, trouser and shirt is involved in drug trafficking and that he is likely to proceed to Kapurthala by bus in between 7.00 AM to 10.00 AM from bus-stand Kartarpur. The further information was that he has to supply heroin to a Sikh person at bus-stand Kapurthala. Such information was reduced into writing (Ex.PD) and produced before the Superintendent on which he made his endorsement (Ex.PD/1). On the direction of the Superintendent, a team was constituted. On reaching at Police Station Kartarpur, the Team given a requisition (Ex.PG) to the SHO Police Station Kartarpur for police assistance, which was acknowledged vide endorsement Ex.PG/1.

(3.) Thereafter, Pritam Singh, Superintendent of Police (City); Balkar Singh, SHO Police Station Kartarpur; Pritam Singh, SI/SHO, Police Station Lambra and C. Baljinder Singh along with the NCB team reached Kartarpur bus-stand and laid naka. At about 9.45 AM, one Sikh person having the description as per the information received, alighted from the bus at busstand Kartarpur. He was carrying a polythene bag in his left hand with mark 'Raj Ki Hatti, Lopoke Road, Amritsar'. He was rounded up. On enquiry, he disclosed his name as Talwinder Singh son of Gurmej Singh, resident of Village Kahma, P.S. Lopoke. After introducing his team members, Balwinder Kumar, Intelligence Officer offered search of himself and his team members to the appellant, but the appellant declined the same. The appellant was also served with a notice under Section 50 of the Act (Ex.PH) to the effect that whether he wants to get himself searched in the presence of a Gazetted Officer or a Magistrate. However, vide Ex.PH/1 the appellant opted that he wants to get himself searched from him (Balwinder Kumar, Intelligence Officer). During search of white colour polythene bag with mark 'Raj Ki Hatti, Lopoke Road, Amritsar', one green colour polythene packet was found, which the appellant disclosed that the same is containing heroin. The appellant further disclosed that the said packet was handed over to him by a person yesterday evening at Gurudwara Jhabal, who directed him to hand over the said packet to a person at bus-stand Kapurthala at about 10.00 AM on 24.08.2006. The recovered material was tested with the drug testing kit and the same was found positive for heroin. On weighment, the heroin was found to be 1 Kg. Two samples of 5 grams each were separated.