SUKHWINDER SINGH @ ROCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM No. 16537 of 2015

(2.) The charge against the appellant was that on 19.04.2009 he was found in possession of 605 gms. of intoxicating powder without any permit or licence and thus committed an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(3.) The prosecution story, briefly stated, is that on 19.04.2009, the police party headed by ASI Gulzar Singh reached a little ahead of Gurudwara Sahib Sant Nagar that the appellant, who was holding an envelope, was present near corner of the road and tried to slip away. The appellant tried to throw away the envelope but he was apprehended on suspicion. PW-3 SI Gulzar Singh told the accused that he suspected some intoxicating powder in his possession and his search was to be conducted. The appellant was also informed about his right to be searched before a gazetted officer or a Magistrate but the appellant reposed confidence in the police party. The consent statement of the appellant Ex. PA was reduced into writing which was signed by the appellant and attested by the witnesses.