JASBIR SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment of conviction dated 10.10.2008 passed by the learned Judge, Special Court, Chandigarh vide which he was held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and the order of sentence of the even dated vide which the appellant was sentenced him to undergo rigorous imprisonment for a period of seventeen days and to pay a fine of Rs. 7,000/-, in default thereof to further undergo rigorous imprisonment for a period of four days.

(2.) The prosecution case as emerged from the ruqa Ex.PE is that Sub Inspector Jaspal Singh along with his companion police officials, was on patrolling duty and laid a naka on the dividing road of Sector 35/43, Chandigarh. At about 8.35 P.M., one person, named Jasbir Singh, was seen coming from South End Chowk on a vehicle make Honda Activa, bearing registration No. CH-03-L-5307. On spotting the police party, he suddenly turned back his vehicle to flee away but in that process, he fell down on the road. PW.4 Amanpreet Singh, who was coming in his car behind the said person, stopped his car and held him. Meanwhile, the Investigating Officer apprehended the suspect. In the presence of PW Amanpreet Singh, personal search of Jasbir Singh was carried out and a polythene packet containing opium was recovered from right side pocket of his trouser. On weighing, it came to be 40 grams for which he could not produce any permit or licence for keeping the same in his possession. Out of the recovered contraband, two samples of 5 grams each were taken out and converted into sealed parcels. The remaining contraband was kept in separate sealed parcel. The seal after use was handed over to PW.4 Amanpreet Singh. The case property was taken into possession vide recovery memo Ex.PC duly attested by the witnesses and ruqa Ex.PE were sent to the Police Station for recording of formal FIR. On request of Sub Inspector Jaspal Singh, Sub Inspector Krishan Chand, the second Investigating Officer reached at the spot and the case property was handed over to him. He verified the case property and found it to be in intact condition. The rough site plan Ex.PL was also prepared along with the correct marginal notes. After recording the statements of witnesses, the appellant along with the case property was produced before PW Jagbir Singh, Inspector/Station House Officer. The Station House Officer further sealed the samples and the case property. The above said FIR was investigated and report under Section 173 Cr.P.C. was prepared and presented in the Court.

(3.) On 20.2.2006, the appellant was charge sheeted for the offence punishable under Section 18 of the Act, to which he pleaded not guilty and claimed trial.