LAKHWINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant - Lakhwinder Kumar, aged 25 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dtd. 23/2/2005, passed by Judge Special Court, Patiala, in Sessions Case No.91-T of 27/9/2004/9/8/2003, arising from FIR No. 33, dtd. 12/4/2003, under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Julkan.

(2.) On 12/4/2003, ASI Ranbir Singh along with ASI Varinder Singh and other police officials of Police Station Julkan, on a patrol duty were proceeding in a Gypsy bearing No.PB-08F-2271, driven by H.C. Balbir Singh. When they reached Devigarh-Binjal road on the bridge of Tangri river in the revenue limits of village Ojha, at about 4.30 P.M., P-W Lakhwinder Singh alias Happy came in zen car and after stopping the car, he was holding talk with ASI Ranbir Singh, when they saw accused coming from the side of village Ratta Khera on the bank of Tangri river and was holding white colour polythene bag in his right hand. On suspicion, he was apprehended by the police party and notice under Sec. 18(c) of the NDPS Act was served upon him, and the accused reposed confidence in ASI Ranbir Singh and after preparing consent memo, search was conducted, on which polythene bag was found to be containing opium. Thereafter, sample as well as the residue were converted into sealed parcels and taken into possession vide recovery memo Ex.PF. Accused was arrested after serving him with arrest memo Ex.PD and information memo Ex.PE, was also prepared. After completing the investigation and receipt of FSL Report (Ex. PH), seized contraband was declared that of opium. Accordingly, appellant - Lakhwinder Kumar, was put to trial. He was charged for the offence punishable under Sec. 18(c) of the NDPS Act, vide order dtd. 13/4/2003. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dtd. 23/2/2005 and vide separate order of sentence of even date i.e. order dtd. 23/2/2005, he was sentenced as under:- <FRM>JUDGEMENT_71_LAWS(P&H)3_2023_1.html</FRM>

(3.) Appeal was admitted on 7/4/2005. Thereafter, vide order dtd. 7/4/2005, after noticing the factum of total undergone period inside jail, remaining sentence of the appellant was suspended by this Court.