AVINEESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant faced trial of the charge under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short referred to as "the Act") on the allegation that he entered into a criminal conspiracy with Kiranpal Singh co -accused for transporting 250 gms of cocaine on 14.02.2008 at about 7:00 PM in the area of village Gaunsabad.

(2.) THE prosecution story briefly stated was that the police party headed by Swaran Singh, SHO, Amritsar, was going for patrolling and search of the suspects. When the police party reached at turning of Gaunsabad, they saw two youths coming on foot from the side of village Gaunsabad. One of them was holding an envelope in his hand and the other accompanying him. The accused persons suddenly turned back and were apprehended on suspicion. The police party suspected them to be possessing some intoxicant.

(3.) THE Sub -Inspector first asked Kiranpal Singh, co -accused that he has a legal right to be searched in the presence of a Gazetted Officer or a Magistrate. Kiranpal Singh co -accused expressed himself to be searched in the presence of a Gazetted Officer for which memo Ex.PA was reduced into writing and signed by the accused and attested by other witnesses. A similar memo in respect of the appellant Avineesh Kumar Ex.PB was also prepared. Thereafter, a message was sent to the circle DSP Jagdeep Singh who reached there and introduced himself to the accused persons that he was posted as DSP and a Gazetted Officer. He also offered the accused persons if they wanted their search in the presence of another Gazetted Officer or Magistrate. Both the appellants are stated to have reposed confidence in the DSP. Their consent memos were again recorded as Ex.PD/1 and PE/1 and reduced into writing, similarly signed by both the accused persons and attested by witnesses.