JANGIR SINGH @ JANGIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 27.07.2004, passed by the learned Judge, Special Court, Patiala, vide which accused-appellant Jangir Singh alias Jangira has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred as to 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) As per the prosecution case, on 22.07.2001, PW4 Sub Inspector Gurmail Singh, the Investigating Officer of the case, along with other police officials was present at 'T' point Nabha. There prosecution witness Mohan Lal met him. In the meanwhile accused-appellant was seen coming from the side of village Kakarala carrying a plastic bag. On seeing the police party, he felt perturbed. On suspicion, he was apprehended. The accused-appellant was apprised of his right to get his search conducted in presence of a magistrate or a gazetted officer. Vide memo Ex.PB, the accused-appellant opted to get his search conducted in the presence of some gazetted officer. The Investigating Officer sent a wireless message to Harminderpal Singh, Deputy Superintendent of Police, requesting him to reach at the spot. The DSP reached at the spot.

(3.) On the next day, the case property and the accused were produced before the learned Illaqa Magistrate vide application Ex.PJ and the learned Magistrate passed his order Ex.PJ/1. In due course, the sample parcels were sent to the Chemical Examiner for examination. On receipt of the report of the Chemical Examiner Ex.PK and completion of formalities of the investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (here-in-after referred to as 'Cr.P.C.') was presented in the Court.