RAJNISH KUMAR @ CHAPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 5.9.2012 passed by Sh. S.K. Sachdeva, Judge Special Court, Sangrur, vide which the appellant has been convicted under Section 20 of the NDPS Act, for having being found in possession of 150 grams of Charas without any licence or permit.

(2.) The case of the prosecution in brief is that on 3.11.2009, ASI Dharamvir Singh alongwith police party was going on motorcycles in connection with patrolling duty and checking of suspects from village Amargarh towards Jhundan on the metaled road. When the police party reached near the main gate of cremation ground in the area of village Amargarh, then one Manjit Singh s/o Chamkaur Singh met the police party and he was joined. At about 5.30 p.m. one person was seen coming on foot from the side of village Jhundan, carrying a blue coloured plastic bag on his right shoulder, who on seeing the police party tried to turn to his left hand towards Phirni. On suspicion, he was apprehended by the police party. ASI Dharamvir Singh enquired his name and parentage and address. ASI Dharamvir Singh disclosed his identity to the accused and asked him that he suspects some contraband in the plastic bag carried by the accused and he wanted to search the same. He also apprised the accused of his right to get the search conducted in the presence of a Gazetted Officer or a Magistrate but the accused reposed confidence in ASI Dharamvir Singh. ASI Dharamvir Singh prepared consent memo and from the search of the bag charas was recovered from dibba of steel. From the said bag currency notes of Rs. 40,900/- were recovered. Two samples of 10 grams each were separated and converted into separate parcels and remaining was found to be 130 grams of charas. All three parcels were sealed by ASI Dharamvir Singh with his seal bearing impression "DS". From the personal search of the accused Rs. 130/- were recovered. Rough site plan was prepared and further investigation was conducted and accused was formally arrested. Information regarding arrest of the accused was sent vide memo and report under Section 57 of the NDPS Act was prepared on the spot. On return to the police station investigating officer produced the case property alongwith the witnesses and accused before SHO Sukhbir Singh. SHO verified the case property and sealed the same with the seal bearing impression "SS" and as per his direction case property was deposited with MHC Joginder Singh. On receipt of the report of Chemical Examiner, challan was presented in the Court.

(3.) After complying with provisions of Section 207 Cr.P.C., the accused was charge sheeted under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.