LAWS(P&H)-2013-9-747

PARKASH SINGH Vs. STATE OF PUNJAB

Decided On September 12, 2013
PARKASH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 29.04.2003 passed by the Judge, Special Court, Bathinda, whereby, the appellant has been convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (here-in-after referred to as 'the NDPS Act') and has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac and in default of payment of fine, he was further directed to undergo rigorous imprisonment for a period of two years.

(2.) Briefly, the facts of the case are that on 20.05.2001, Inspector Arashdeep Sngh along with other police officials was on patrol duty in police vehicle. On reaching the Badal Road-T-Point, one Balwinder Singh was also joined in the party. Thereafter, one maruti car bearing No. DL-3CA-2758 which was coming from the side of Village Naruana was stopped by the police party but the driver of the car ran away from the spot and he was identified as Sukhwinder Singh. Accused Parkash Singh was sitting on the front seat of the car. Four gunny bags were lying on the rear seat of the car. On having suspicion, the bags were searched out after having consent from the accused person as the accused was ready to get the search in presence of gazetted officer. Consent statement was recorded which was signed by the accused and attested by PWs. A wireless message was sent to the police station and thereafter, DSP Jaspreet Singh reached at the spot. Search was conducted in the presence of Deputy Superintendent of Police and poppy husk was found in the bags. Out of each bag, 250 grams of poppy husk was separated as sample and remaining poppy husk weighted 34 kgs 750 grams. Samples as well as four bags containing remaining poppy husk were separated and sealed with seal 'AS' and were taken into possession. Accused were sent to police station and on the basis of recovery and on recording of the statement, FIR was registered. A special report-Exhibit PR was sent to the higher authorities. The samples and case property were taken into possession by the Investigating Officer. The accused persons were produced before the Illaqa Magistrate. Samples were sent to chemical examiner. Accused were arrested. After completion of investigation, the challan was presented against both the accused. Thereafter, the copies of necessary documents were given to the accused as per Section 207 Cr.P.C. On finding prima-facie case, the accused were charge sheeted under Section 15 of the NDPS Act to which they pleaded not guilty and claimed trial.

(3.) The prosecution examined PW-1 DSP Jaspreet Singh, PW-2 C-1 Bhupinder Singh, PW-3 SHO Des Raj, PW-4 Sanjeev Kumar, Clerk of SDO (Civil), Dabwali, PW-5 Inspector Arashdeep Singh. The statements of accused were recorded under Section 313 Cr.P.C.