RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction and order of sentence dated 05.10.2012 and order of sentence dated 16.09.2004 passed by the Special Judge, Sri Muktsar Sahib, whereby the accused -appellants, Resham Singh and Gurdeep Singh have been convicted and sentenced to undergo rigorous imprisonment for a period of 4 months and to pay a fine of Rs.1,000/ - each for commission of an offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act (for brevity 'the NDPS Act'). In default of payment of fine, they were further sentenced to undergo rigorous imprisonment for 15 days.

(2.) BRIEF facts of the case are that on 16.04.2008, ASI Makhan Singh along with other police officials was going in a private vehicle in connection with patrolling duty. When they reached near the bridge leading from Abohar Dabwali to Middu Khera, two persons were seen coming from the opposite side on a yellow coloured motorcycle and on seeing the police party, they tried to turn back. However, ASI Makhan Singh apprehended them with the help of other police officials. One plastic bag was lying in between both the riders. The person, who was driving the motorcycle, disclosed his name as Resham Singh -appellant No.1, whereas the second person, who was a pillion rider, disclosed his name as Gurdeep Singh @ Raju -appellant No.2. Thereafter, ASI Makhan Singh told the accusedappellants that he suspected that there was some contraband material in the the plastic bag which they were carrying. Therefore, they were asked, as to whether they wanted to be searched in the presence of a Gazetted Officer or Magistrate, whereupon they reposed faith and confidence in the Investigating Officer (ASI Makhan Singh). Their consent memo was prepared accordingly. Thereafter, on conducting the search of the plastic bag, the same were found to be containing poppy husk, out of which, one sample of 250 grams was separated and converted into a parcel. The remaining poppy husk, on weighment, came to be 21/4 Kgs. The same was also converted into separate parcel. Both the parcels were sealed by ASI Makhan Singh with his seals bearing impressions 'MS' and taken into police possession vide separate recovery memo. Accused -appellant were formally arrested and currency notes of Rs.80/ - and Rs.30/ - were recovered from Resham Singh and Gurdeep Singh respectively, which were taken into possession vide separate memo of jamatalashi. The motorcycle was also taken into police possession vide separate recovery memo. After completion of necessary formalities, challan was prepared and presented before the Court.

(3.) AFTER presentation of the challan, charge under Section 15 of the NDPS Act was framed against the accused -appellants, to which, they pleaded not guilty and claimed trial.