SIKANDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sikanderpal Singh-appellant has filed this appeal challenging the impugned judgment of conviction and order of sentence dated 5.4.2013 passed by learned Judge, Special Court, Sri Muktsar Sahib, whereby the appellant has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He has been sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for the offence under Section 15 of the Act.

(2.) The brief facts of the prosecution case are that on 3.10.2007, ASI Vinod Kumar along with HC Balwinder Singh and other police officials was present at Bus Stand Pakki Tibbi on G.T. Road Malout to Abohar in connection with 'Nakabandi'. One person was found standing near hand-pump at Bus Stand Pakki. He was having a plastic bag in his right hand. On seeing the Police party, he became nervous and tried to run away towards Village Pakki. On suspicion, he was apprehended. He told his name as Sikanderpal Singh, Driver, Punjab Roadways, Depot Sri Muktsar Sahib. The Investigating Officer told the accused-appellant that he suspects some intoxicating substance in the plastic bag and search of the same is to be conducted, but, he has got a legal right of search from some Magistrate or Gazetted Officer. Sikanderpal Singh reposed faith in the Investigating Officer. Thereafter, the Investigating officer conducted search of the plastic bag and poppy husk was recovered out of which 250 Grams poppy husk was separated as sample and converted into a separate parcel. The remaining poppy husk, on weighment, came out to be 1 Kg. 750 Grams, which was also converted into a parcel. Both the parcels were sealed by the Investigating Officer with his seal bearing impression 'VK' and after its use the seal was handed over to HC Balwinder Singh. The case property was taken into possession vide separate recovery memo attested by aforesaid witnesses. Rough site plan was prepared. The accused was arrested. Statements of the witnesses were recorded. On return to the Police Station, the Investigating Officer produced the accused and the case property before ASI Lakhvinder Singh, who further sealed both the parcels as well as sample seal chit with his seal bearing impression 'LS' and took the case property in his possession vide memo attested by the Investigating Officer. On the next day, the accused along with the case property was produced in the Court of Illaqa Magistrate. On return to the Police Station, the case property was deposited with MHC Gurdev Singh with seal intact. A detailed report was sent to the DSP, Malout. On receipt of report of Chemical Examiner and completion of the investigation, the challan was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused framed charge for the offence punishable under Section 15 of the Act, to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW-1 ASI Lakhvinder Singh, who deposed that on 3.10.2007, he was posted as ASI in Police Station Sadar Malout and on that day he was officiating as SHO, Police Station Sadar Malout. He deposed that on receiving 'Ruqa', FIR was registered. He also deposed regarding production of case property, accused etc. before him. He also deposed that on 4.10.2007 he accompanied with Vinod Kumar, ASI and produced the accused along with aforesaid case property in the Court. PW-2 ASI Vinod Kumar, who is the Investigating Officer, deposed as per prosecution version. PW-3 HC Kulwinder Singh is a formal witness, who tendered in evidence his affidavit Ex.P.20. PW-4 ASI Balwinder Singh was also present with ASI Vinod Kumar and he also deposed as per prosecution version. PW-5 HC Ramesh Kumar mainly deposed that he had brought the original summoned record. As per road certificate No.194 dated 8.10.2007, sample parcel of this case was sent to the office of Chemical Examiner, Punjab, Chandigarh at serial No.5 and was received by the said office on 9.10.2007. The attested photostat copy of the road certificate is Ex.P.21 and the attested photostat copy of the register No.19 is Ex.P.22.