GIAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the accused/appellant against the judgment of conviction and order of sentence dated 09.01.2004 passed by Shri M. S. Chauhan, the then Special Judge, Amritsar, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 50,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter mentioned as "Act").

(2.) The factual matrix of the case is that on 05.07.2001, Inspector Gurdip Singh along with other police officials was present in front of Sangam Cinema near Bus Stand, Amritsar in connection with patrolling. He received a secret information that Darshan Singh, an employee of Punjab Armed Police and Gian Kaur, are living as tenants of Padma Rani in a house in Gali No.2, Mohalla Krishan Nagar, Amritsar and they are engaged in selling smack and opium and if raid is conducted, they can be apprehended red handed. Upon this, DSP(D) Parampal Singh was requested to reach Bus Stand, Amritsar. A lady constable was also requisitioned. Lady Constable Veena Kumari and lady SPO Mamta Kumari also reached there. One Harbhajan Singh of village Butt was also joined as independent witness. Accordingly, raid was conducted by the police party at the above mentioned house. A woman carrying a bag in her hand and a man carrying a polythene bag in his hand came out of the house and tried to slip away. Inspector Gurdip Singh, along with others, apprehended the woman. She disclosed her name as Gian Kaur. The said man was apprehended by SI Hans Raj. He disclosed his name as Darshan Singh. DSP Parampal Singh dislcosed his identity before the accused and told them that they were suspected of having smack and opium in the bags they were carrying and their persons were to be searched. They were also asked if they want to be searched before him or a Magistrate. Both of them expressed faith in the DSP. Accordingly, two consent memos were prepared. Upon directions of DSP, Inspector Gurdip Singh searched accused Gian Kaur and from her bag which she was carrying in her right hand in the presence of lady constable, smack wrapped in the glazed paper, weighing scales, weights of 50 gms, 20 gms, 10 gms, 05 gms and 2 gms were recovered. Out of the smack recovered, 5 gms was separated as sample. Remaining smack was weighed and found to be 95 gms. The remainder and the parcel were sealed in separate parcels which were sealed with seal of 'PS' and were taken into possession. The seal after use was handed over to PW Harbhajan Singh. Ruqa was made and sent to police station, on the basis of which, formal FIR was registered. Accused Gian Kaur was arrested. An amount of Rs. 650/- was also recovered from her possession which was taken into possession vide separate memo. Statements of witnesses were recorded. Investigation was carried out and after completion of investigation, challan against the accused Gian Kaur was presented in Court.

(3.) On presentation of challan, copies of same were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C.