SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-appellant Sukhdev Singh has directed the present appeal against the judgment and order dtd. 21/2/2004 passed by Shri M.S.Chauhan, the then learned Special Judge, Amritsar, vide which accused-appellant stood convicted under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short - the NDPS Act) and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of fifteen days.

(2.) Prosecution story in brief is that on 15/6/2002 ASI Shiv Darshan Singh along with other police officials met ASI Mukhwinder Singh along with his police party near Gate Hakima, Amritsar. There secret information was received to the effect that some persons were selling opium to truck drivers near the Oil Dump and a raid could leave to their apprehension and recovery of the contraband. The police contingent set out for the disclosed place. PW Ashok Kumar was also joined from near Aman Avenue. Police party when approached the Indian Oil Dump two persons, on the sight of the police posse, tried to sneak away. They were apprehended by the Seizing Officer and ASI Mukhwinder Singh. One caught by the Seizing Officer disclosed his name as Satnam Singh alias Satta, the present accused. Seizing Officer told the accused that he was suspected of carrying some narcotic and his person was to be searched. He was also asked if he wanted his person to be searched before the Seizing Officer or before some Gazetted Officer. Accused stated to be searched before Gazetted Officer. In this respect consent memo was prepared which was signed by him. QST message was sent to DSP Chaman Lal with the request to reach at the spot and accordingly he reached at the spot immediately. DSP Chaman Lal disclosed his identity to the accused being a Gazetted Officer and told the accused that he wanted to conduct search of the person of accused to which accused reposed confidence in him. Under the directions of the DSP, the investigating Officer conducted the search of the accused and from left hand side pocket of his pant worn opium wrapped in a glazed paper was recovered. Out of it sample weighing ten grams was separated. Remainder weighed 290 grams. Sample and remainder were made into two separate parcels which were sealed with seal bearing impression MS. Case property was taken into possession vide separate recovery memo. Site plan was prepared. The accused was arrested. Statements of the witnesses were recorded. After investigation challan was presented against the accused.

(3.) Copies of the documents as required under Sec. 207 Cr.P.C. were supplied to the accused, free of costs. On finding a prima facie case charge under Sec. 18 of the NDPS Act was framed against the accused, to which he pleaded not guilty and claimed trial.