SANDEEP KUMAR @ SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two appeals bearing CRA-D No.581-DB of 2009 titled as Sandeep Kumar @ Sonu vs. State of Punjab and CRA-D No.668-DB of 2009 titled as Bikramjit @ Vicky vs. State of Punjab which have arisen out of the judgment of conviction and order of sentence dated 05.05.2009 passed by the Judge, Special Court, Jalandhar whereby both the appellants were convicted for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred as 'NDPS Act'). They were sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1 lac each. In default of payment of fine, they were directed to further undergo rigorous imprisonment for a period of two years.

(2.) Before we dwell on the merits or otherwise of the contentions raised before us, it would be necessary to fully narrate the facts of the case. On 15.04.2007, Inspector/SHO Gurmit Singh along with other police officials was present behind the bus stand, Jalandhar when he saw two persons coming towards them on a scooter. The scooter did not have any registration number. They were apprehended on suspicion. They disclosed their name as Sandeep Kumar @ Sonu and Bikramjit @ Vicky. Sandeep Kumar was driving the scooter while Bikramjit @ Vicky was carrying a bag. The Inspector informed them that he suspected that they were carrying some contraband and wanted to search them. They were told that they could get themselves searched in the presence of a gazetted officer or in the presence of a Magistrate. Both of them opted for the search before a gazetted officer. Non-consent memo Ex.PE was prepared, which was signed by them. A message was sent to DSP Rajeshwar Singh Sandhu, who reached the spot and introduced himself and asked them whether they wanted the search conducted by him. They reposed confidence in him and consent memo Ex.PA and PB was signed by them, which was attested by the witnesses. At that juncture, Brij Mohan an independent witness reached the spot. The bag in possession of Bikramjit @ Vicky was found to contain charas.

(3.) Two samples of 100 gms each were separated and the remaining was measured and found to be weighed 8 kgs 800 gms. The samples and the remaining case property were converted into parcels and sealed by the investigating officer with the seal impressions GS. DSP Rajeshwar also affixed his seal bearing impressions RS and the contraband was taken into possession by recovery memo Ex.PC. The DSP retained his seal while the investigating officer handed over his seal to Inspector Harinder Singh. The scooter was also taken into possession. Ruqqa Ex.PF was sent to the police station through Constable Charanjit Singh on the basis of which formal FIR Ex.PG was recorded. The case property was deposited with the MHC. On the next day, all the articles were taken from the MHC and produced before the Duty Magistrate.