HARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 09.07.2005, passed by the learned Judge, Special Court, Amritsar, vide which appellant Harwinder Singh has been held guilty and convicted for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (here-in-after called the 'Act') and the order of sentence of the even dated, vide which he was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts giving rise to this prosecution are that on 06.09.2002, SI Rajbir Singh, SHO Police Station Sadar, Amritsar along with his fellow police officials was present at Chowk Gumtala bye-pass, in connection with Nakabandi. ASI Dilbag Singh along with other police officials also joined him. Two separate parties were formed. Nakabandi was conducted on the road coming from the side of Fatehgarh Churian by the police party, headed by PW1 SI Rajbir Singh and the police party headed by Jagir Singh along with ASI Dilbag Singh conducted the Nakabandi at Gumtala road. At about 12:30 a.m., a Zen Maruti car bearing registration No.PB-46-8393 came from the side of Fatehgarh Churian. The car was signalled to stop. It stopped at a distance of about 15-20 yards from the police party. Four persons came out of the said car and ran towards different directions. Appellant Harwinder Singh was apprehended by the police party headed by PW1 SI Rajbir Singh and Dilbag Singh was apprehended by the police party headed by SI Jagir Singh. A small weighing scale and weights were recovered from the car in which the accused were travelling. The names of the persons, who had escaped, were disclosed as Gurinder Singh and Baldev Singh. The appellant was told that the Investigating Officer suspected that he was carrying some narcotic substance and his search was to be conducted. It was further told to him that he can get himself searched from him or in the presence of a Gazetted Officer or a Magistrate. The accused- appellant opted to be searched in the presence of a Gazetted Officer. Accordingly, PW3 Ravinder Kumar Bakshi, DSP (Head Quarter), Amritsar was informed over a wireless and was requested to arrive at the spot. Non-consent memo of the accused was prepared. DSP Ravinder Kumar Bakshi arrived at the spot within 15-20 minutes. He introduced himself to the accused and told that it is suspected that he is carrying some narcotic substance and his search is to be conducted. He can get himself searched in his presence or in presence of a Magistrate. The accused reposed confidence upon the DSP and opted to be searched in his presence. The consent memo Ex.PA was reduced into writing to this effect. The search of the accused was conducted by SI Rajbir Singh under the supervision of PW3 DSP Ravinder Kumar Bakshi and from the right side pocket of the pants worn by the accused, the smack wrapped in glazed paper was recovered. Two samples of five grams each were drawn and remaining smack on weighment came to 390 grams. The remaining smack was put in a plastic bag. The sample parcels and the parcel containing the remaining smack were sealed by the Investigating Officer and the DSP with their seals bearing impressions 'RS' and 'RK'. The incriminating articles were taken into possession vide memo Ex.PB. The Investigating Officer sent the Ruqa Ex.PG to the Police Station. On the basis of which, the formal FIR Ex.PG/1 was registered. He also prepared the site plan of the place of recovery and the accused was arrested.

(3.) On returned to the police station, the case property was kept by him in the double lock. Accused was detained in the lock up. On the next day, the case property along with the accused was produced before the learned Illaqa Magistrate, Amritsar and, thereafter, it was again kept in safe custody by SI Rajbir Singh.