(1.) Accused Rajesh Kumar has challenged the conviction passed by the trial Court under Section 15(c) of the NDPS Act vide which he was sentenced to undergo R.I. for 12 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo further period of 2 years R.I.
(2.) On 16.8.2007, PW2 Inspector Harjit Singh proceeded alongwith PW3 ASI Kuldip Chand and other police officials for holding nakabandi on Abohar-Kikkar Khera road. At that time, one Maruti car bearing registration No.DBD-2409 came from the side of village Kikkar Khera. PW2 gave a signal to the said car to stop. The driver of the car stopped the car at a distance of about 18/20 karams from the nakabandi held. He tried to run away towards his right side after stopping the vehicle. PW2 apprehended him with the help of other police officials. PW2 enquired his name and address. Accused Rajesh Kumar was the person who drove the vehicle. In the meantime, one Bimla Devi, Member Panchayat, Kikkar Khera reached there and she was joined in the police party. PW2 informed the accused that he had suspected some intoxicant material in the jute bags lying in the car on its back portion. PW2 also informed the accused that he had a proposal to make a search of the car. Accused Rajesh Kumar reposed confidence in PW2 despite the offer made to him to have a search in the presence of a gazetted officer. The consent memo Ex.P3 was prepared by PW2. PW3 also witnessed the same alongwith the independent witness Bimla Devi. Four bags found on the backside of the car were taken out. One sample of 250 gms. each was separated to serve as a sample and converted into 4 separate parcels. The remaining poppy husk in the bags weighed 29kg.750 gms. in each bag. The samples as well as the remaining bulk quantity were properly packed and sealed. Specimen seal chit Ex.P1 was also prepared separately. The seal after use was handed over to ASI Kuldip Chand. The contraband and the car were brought to the police station. A ruqqa Ex.P6 was sent to the police station based on which an FIR Ex.P7 was registered by S.I. Ranjit Singh. The accused was arrested in connection with this case. PW2 prepared rough site plan reflecting the place of recovery. He produced the accused and the case property including the car to the police station. The case property was kept in the police malkhana under his own supervision. On the next day, PW2 produced the accused as well as the case property before the Illaqa Magistrate and presented a police request Ex.P11 to PW13. Learned Judicial Magistrate passed the orders Ex.P14 to P16. Thereafter, he kept the case property in the police malkhana under his own supervision awaiting the orders of the Magistrate. He also sent special report in compliance of Section 57 of the NDPS Act to the higher police officer vide memo ExP17. On 23.8.2007, PW2 handed over the sample poppy husk to PW1 H.C. Amar Singh alongwith CFSL form Ex.P20. The sample was deposited in the office of Public Analyst-cum-Asst. Chemical Examiner, Punjab, Amritsar. PW2 has further stated that so long as the case property remained in his possession, it was neither tampered with nor was it allowed to be tampered with by anybody else.
(3.) The accused came out with a plea under Section 313 Cr.P.C. that he was illegally kept in custody by the police a few days earlier to this case and thereafter he was falsely implicated by obtaining his signatures forcibly on various blank papers.