AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against judgment dated 06.02.2004 passed by the Judge, Special Court, Ludhiana whereby the appellant was convicted and sentenced to undergo RI for 10 years and to pay fine of Rs. 1,00,000/ - and in default of payment to further undergo RI for 6 months for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (later referred to as NDPS Act).

(2.) IN brief, the case of the prosecution is that on 06.05.2008 ASI Gurvir Singh alongwith his police party was going from Gill Road towards Dhuri line crossing for patrolling and checking of suspected elements. Near the railway crossing Teja Singh s/o Jarnail Singh was joined in the police party as independent witness. In the meanwhile, the appellant was seen coming from the side of railway line carrying a bag of black colour on his right shoulder. On witnessing the police party he took a turn towards the grain market but was apprehended. On suspecting some contraband in the bag, carried by the appellant, ASI Gurvir Singh apprised him of his intention to take search and of his legal right to get the search conducted in the presence of gazetted officer or Magistrate. The appellant expressed his intention to get himself searched before a gazetted officer. His statement was recorded vide memo Exhibit -PA. Information was given to DSP Ravinder Kumar Bakshi, who reached to spot. He, after introducing himself, informed the appellant of his intention to conduct the search of his bag and also give option to the appellant to get the bag searched in the presence of some other gazetted officer or Magistrate. The appellant reposed confidence in DSP Ravinder Kumar Bakshi and the search of the bag was conducted by ASI Gurvir Singh, which was found containing charas wrapped in a glazed paper. Two separate samples of ten grams each were taken and remaining charas on weighing came to be 1 kg 480 gms. The samples were put in two separate parcels and the remaining charas was also put in a parcel and the parcels were sealed with seal of the Investigating Officer (IO) ASI Gurvir Singh bearing letters 'GS' and of DSP bearing letters 'RKB'. The sample of seals was also prepared. After use the seal of ASI Gurvir Singh was handed over to HC Sadhu Singh while DSP Ravinder Kumar Bakshi retained his seal with him. The case property was taken into possession vide recovery memo Exhibit -PB. Rough site plan of the place of recovery Exhibit PW7/A was prepared. Ruqa was sent to the police station on the basis of which formal FIR bearing No.18 dated 06.02.2004 was registered at Police Station Shimlapuri, Ludhiana for offence punishable under Section 20 of the NDPS Act.

(3.) ON return to the police station the case property alongwith the witnesses was produced before SI, SHO Navreet Singh, who after verifying the facts put his seal on the case property as well as on sample seal. Under the directions of SHO, the case property was deposited with the MHC and on the next date it was produced before the Illaqa Magistrate. The samples were sent to the chemical examiner for analysis which was found to be that of charas vide report Exhibit -PX.