MUKESH KUMAR YOGI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Mukesh Kumar Yogi has filed this criminal appeal against the judgment of conviction and order of sentence dated 25.8.2011 passed by Judge, Special Court, Amritsar, whereby the accused-appellant has been held guilty and convicted for the offence punishable under Section 21 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He has been sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,25,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 21 read with Section 8 of the Act. Accused Sukhwinder Kaur alias Sukhi and Manjinder Singh alias Sonu were acquitted.

(2.) The brief facts of the prosecution case are that on 22.6.2006, SI Manjit Singh, SHO, G.R.P., Amritsar along with SI Harbhajan Singh and other police officials, was present at Corridor of Main Gate of Amritsar Railway Station, Amritsar. On the arrival of the Golden Temple Express, the passengers coming from the platform through Ist Class corridor and outer gates were being checked by them. At about 6.20 a.m., they saw the accused with one attache-case (brief-case) in his right hand, who on seeing the Police party, tried to turn back hurriedly. On suspicion, he was apprehended, who disclosed his name as Mukesh Kumar Yogi. He was informed about his legal right to get his search conducted in the presence of a Magistrate or a gazetted officer. The accused-appellant opted to be searched in the presence of a gazetted officer. Then a message was sent to Bahadur Singh DSP, GRP, Jalandhar, who came on the spot. The DSP disclosed his identity to the accused-appellant. The accusedappellant was also informed by the DSP about his legal right. The accused reposed confidence in the DSP. One Swaran Singh was also joined in the investigation as an independent witness. On the directions of the DSP, search of attache-case was conducted. On opening the first layer of attache-case, it found to contain smack wrapped in the polythene. The lower portion of the attache-case was also opened and it found to contain smack wrapped in polythene from its inner layer. The smack recovered from the first layer was marked as 'I', out of which two samples weighing 10 grams each were separated and made into sealed parcel and remaining bulk on weighing found to be 1 Kg. 230 grams. Similarly, the smack recovered from the second layer was marked as '2', out of which two samples weighing 10 grams each were taken out and made into sealed parcels and remaining on weighing found to be 1 Kg. 480 grams. All these samples and the bulk were sealed with the seal of the Investigating Officer bearing impression 'MJS'. DSP affixed his seal bearing impression 'BS'. The aforesaid parcels along with attache-case, keys, screw driver etc. were taken into police possession vide recovery memo.

(3.) The accused on interrogation told the Investigating Officer that he had brought the smack for Sukhwinder Kaur alias Sukhi and Manjinder Singh. 'Ruqa' was sent, on the basis of which formal FIR Ex.P.10 was registered in Police Station, G.R.P., Amritsar by ASI Balwinder Singh. The Investigating Officer prepared rough site plan Ex.P.11 with correct marginal notes. Accused was arrested. On return to the Police Station, the accused was locked-up in the Police Station and the case property was kept in the double lock. On the next day, the accused along with the case property and sample seals was produced in the Court of Magistrate and moved application Ex.P.12. The Court after verifying the intactness of seals passed order Ex.P.13 and on return, the Investigating Officer deposited two bulk parcels and two sample parcels in the judicial 'Malkhana' along with attache-case and remaining parcels and sample seals were kept in the double lock. On receiving report of the Chemical Examiner and after necessary investigation, the challan was filed in the Court.