PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is against judgment and order of sentence dated 01.05.2015 passed by Judge, Special Court, Ferozepur, whereby the appellant was convicted for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) THE case of the prosecution in brief is that on 26.07.2014 at about 11.30am ASI Parveen Kumar of CIA Staff, Ferozepur along with his police party was going in Government vehicle No. PB -05 -L -5654 from village Nathuwala to village Shahdinwala. When the police party was at a distance of one kilometer from village Shahdinwala, a car bearing No. PB - 62 -2930 of cherry colour was seen coming from the side of village Shahdinwala. On witnessing the police party the driver of the vehicle felt perplexed and tried to turn the vehicle hither and thither. On witnessing this, he was asked to stop the vehicle and was apprehended. ASI Parveen Kumar after giving him his introduction, expressed his desire to conduct the search, as he apprehended some narcotic substance in possession of the appellant. The appellant was apprised to get the search conducted in the presence of some Gazetted Officer or Magistrate. The appellant reposed faith in ASI Parveen Kumar. His consent memo Exhibit PB was prepared. On search, heroin wrapped in a glazed paper was found from the right dubb of the chadara (a cloth sheet, like single bed sheet, usually tied around the waist by many people in the villages) which the appellant was wearing. On weighment heroin was found to be 23 grams, out of which two samples of 1 gram each were separated and put in small plastic container. The remaining heroin was also put in a separate plastic container. Separate parcels of the container were prepared and sealed with the seal impression 'PK'. Form No. M -29 with sample seal was prepared. The sample and the case property were taken in to possession vide recovery memo Ex. PC. On personal search of the accused, Rs. 210/ - and a mobile phone of sky blue colour, were recovered and taken into possession vide recovery memo Ex. PD. Ruqa Ex.PE was sent to the Police Station whereon the formal FIR Ex. PF was registered. Rough site plan of the place of recovery Ex. PG was prepared. On reaching the Police Station, the appellant along with entire case property was produced before ASI Gurbachan Singh, who was officiating as SHO. After verifying the facts ASI Gurbachan Singh put his seal bearing impression 'GS' on the parcel and form No. M -29 (Ex.P1) and retained the case property with him.

(3.) IN support of its case the prosecution examined ASI Parveen Kumar as PW -2 who was heading the police party when the appellant was apprehended and recovery of contraband was effected from him; ASI Gurbachan Singh as PW -3, who was officiating as SHO of Police Station Sadar Ferozepur on 26.07.2014; recovery witness ASI Pippal Singh as PW - 4 who was in the police party of ASI Parveen Kumar and formal witness Constable Sukhjant Singh as PW -1, who has taken the sample parcel from ASI Gurbachan Singh along with sample seal Form No. M -29 to the office of chemical examiner.