SAURAV PARTAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the impugned judgment/order dtd. 14/9/2015 passed by the Judge, Special Court, Amritsar.

(2.) The prosecution story in brief is that on 30/3/2011 a Police Party Headed by Inspector Sukhwinder Singh (now DSP Sukhwinder Singh and examined as PW1) along with other police officials were on patrolling duty and were present at the Bridge Drain Village Gumtala. One person was seen coming from the opposite side on foot who on seeing the police became perplexed and tried to turn back. He was apprehended and disclosed his name as Sandeep Kumar @ Bhamari. In the meanwhile, he tried to throw away a polythene bag after taking it out from the right pocket of his Capri but was apprehended. 40 grams of smack was recovered from him. During investigation, Sandeep Kumar @ Bhamari made a disclosure statement that he had procured the smack from Saurav Partap @ Sourav @ Sunny (appellant No.1), Surjit Singh (appellant No.2) and Jagir Singh (deceased). Based on the aforementioned recovery, FIR No.35 dtd. 30/3/2011, under Sec. 22 of the NDPS Act, Police Station Cantonment, Amritsar came to be registered against Sandeep Kumar @ Bhamari, Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh. Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh were arrested. They suffered their respective disclosure statements on the basis of which Saurav Partap @ Sourav @ Sunny got recovered 1 Kg of smack and 500 grams of opium. Surjit Singh got recovered 400 grams of smack and Jagir Singh also got recovered 400 grams of smack. The recoveries from Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh led to the registration of an another FIR No.38 dtd. 2/4/2011 under Ss. 18, 22, 61-85 of the NDPS Act, Police Station Cantonment Amritsar.

(3.) In the Trial emanating out of FIR No.35 dtd. 30/0/2011, Sandeep Kumar @ Bhamari was convicted vide judgment dtd. 11/12/2014 by the Court of Judge Special Court, Amritsar. Saurav Partap @ Sourav @ Sunny was acquitted vide judgment dtd. 4/1/2016. Surjit Singh was declared a proclaimed offender. However, subsequently he came to be arrested and on presentation of the challan and conclusion of the Trial, he was acquitted vide judgment dtd. 14/9/2016. However, Jagir Singh had died and proceedings qua him stood abated.