ATMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dtd. 27/11/2014 passed by the learned Judge, Special Court, Mansa in case bearing FIR No.09 dtd. 6/3/2011 registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) at Police Station Budhlada whereby the appellant has been convicted for commission of offence under Sec. 22 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 3 years with a fine of Rs.5000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of 3 months. FACTUAL BACKGROUND

(2.) In brief, the version put forth by prosecution is that on 6/3/2011, ASI Jaspal Singh along with other police officials was on patrolling duty in government vehicle bearing No.PB-31-C-8265 and when they were present on the bridge of drain in the area of Borawal, one Gurmail Singh s/o Mukhtiar Singh came there from Bhikhi side and joined the police party. At about, 10:15 AM, one person, who was coming on motorcycle from the side of Dhalewan with plastic bag hanging on his right shoulder, stopped on seeing the police party and tried to turn back. ASI Jaspal Singh apprehended him. On enquiry, he disclosed his name Atma Singh alias Nikka. ASI Jaspal Singh informed him that he had suspicion of there being some intoxicant in the plastic bag, which he was carrying and therefore, wants to conduct a search. He was apprised of his legal right to be searched by a Gazetted Officer or a Magistrate and that he can be produced before them for search. The accused had reposed confidence in the Investigating Officer and therefore, his consent memo was prepared. On search of the plastic bag, intoxicating powder was recovered. The Investigating Officer separated 10 gm intoxicating powder as sample and prepared a parcel. Remaining powder was weighed along with plastic bag, weight of which came to be 490 gms and a separate bulk parcel was prepared in the same plastic bag. Both the parcels were sealed by the Investigating Officer with his seal bearing impression 'JS'. Seal after use was handed over to HC Nahar Singh. Case property and the motorcycle bearing No.PB-44-A-8108 along with RC was taken into police possession vide recovery memo. Personal search of accused was conducted and search memo in this regard was also prepared. As the accused was found in possession of 500 gms of an intoxicating powder without any permit or licence, ruqa was sent for registration of FIR. Spot inspection was conducted and site plan was prepared. Statements of the witnesses were recorded. Accused was arrested and arrest memo was prepared.

(3.) The case property was produced before ASI Iqbal Singh, who verified the facts and affixed his seal bearing impression 'IS' on the parcels. Samples weresent for chemical examination. On receipt of the report of Chemical Examiner and completion of investigation, accused was challaned under Sec. 22 of the NDPS Act.