AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was tried by the Special Judge (N.D.P.S. Cases) Amritsar for the offence under Section 22 of the Narcotic Drugs and Psychotropic Act, 1985 (hereinafter referred to as the Act) and Section 25 of the Arms Act. The appellant was sentenced to undergo rigorous imprisonment for a period of 2 years along with a fine of Rs. 15,000/ - under Section 21 of the N.D.P.S. Act. In default of payment of fine, he was to further undergo imprisonment for 6 months. He was also sentenced to undergo rigorous imprisonment for a period of 1 year along with a fine of Rs. 1,000/ - for the offence punishable under Section 25 of the Arms Act. In default of payment of fine, he was to further undergo imprisonment for 1 month.

(2.) THE case of the prosecution was that on 24.10.2008, S.I. Gurpreet Singh alongwith his team was on patrol duty and holding a picket at Sultanwind Bridge Area, when secret information was received by him that Amandeep Singh who was notorious in the area, who was involved in number of robbery cases, had now started dealing in drugs. There was specific information that he was standing near T point on 100 feet wide road with his silver coloured Hero Honda motorcycle bearing registration no. PB -02 -Y -8212, waiting to supply smack to the customers and if a raid is conducted, he could be apprehended with the contraband. The informer gave specific information about the clothes worn by Amandeep Singh. S.I. Gurpreet Singh sent a notice to his superior officers and sent a written Ruqa for registration of the case and left for the place and saw the accused -appellant sitting on his motorcycle. The accused on seeing the police party tried to slip away and in the process, two small packets held by him fell on the ground. The accused tried to start his motorcycle but he was intercepted and searched. The police team searched the packet and found that it contained 8 small packets and all those packets contained smack. The entire quantity contained in the 8 small packets was put together and a sample weighing 5 grams was separated. The remaining portion was weighed which was found to be 95 grams. The residue was sealed and was converted into separate parcel which was sealed with the stamp marked with the seal impression of G.S. Accused was unable to show any license or permit. Personal search of the accused was carried out and from the right pocket of his trouser, a spring actuated knife was recovered. It was also taken into possession vide separate recovery memo. The accused was then produced before the S.H.O. who checked the seals and then affixed his own seal. The appellant was arrested and after completion of investigation, challan was presented against him and he was charged under Section 21 of the N.D.P.S. Act and Section 25 of the Arms Act.

(3.) THE accused pleaded false implication. He contended that the police had conspired and had framed him and he was picked up from his house and a false case had been planted.