JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 27.09.2012, passed by the learned Judge, Special Court, Patiala, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts of the prosecution case are that on 31.05.2009 SI Bhinder Singh along with other police officials was going on private motorcycle in connection with patrolling and when police party reached near BDO Block, Patran at about 12.30 P.M., they saw the accused coming from Jeonpura side, who was carrying a plastic bag on his head. On seeing the police party, he tried to turn towards his left side towards the fields. On suspicion, he was apprehended. In the meantime, Kala Singh, independent person came and he was joined in the police party. The accused was given offer as of right to get his search conducted in the presence of a Magistrate or some gazetted officer. But the accused reposed confidence in the Investigating Officer and consent memo was prepared. On search of the bag, poppy husk was recovered. Two samples of 100 grams each were separated and sealed parcels were prepared. The remaining poppy husk on weighment came to be 19.800 kgs. regarding which separate sealed parcel was prepared. Case property was taken into police possession. Ruqa was sent to the police station, on the basis of which formal FIR was registered.

(3.) Rough site plan was prepared. Statements of witnesses were recorded. Report under Section 57 of the NDPS Act was also prepared. On return to the police station, Patran on the same day, accused, case property and witnesses were produced before SHO/SI Subeg Singh, who verified the factum of recovery from the witnesses and accused and he also affixed his seal bearing impression "SS" on the parcels. On the direction of SHO/SI Subeg Singh, case property along with sealed sample parcels was deposited with MHC Faqir Singh. On the next day, accused along with case property was produced in the Court. The case property along with one sealed sample parcel of poppy husk was deposited in Judicial Malkhana, Patiala as per the order of the Court and Investigating Officer deposited one sealed sample parcel along with sample seal with MHC Faqir Singh in intact condition. After necessary investigation, challan was presented against the accused-appellant.