JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT had faced the trial in FIR No. 116 dated 13.11.2002, registered at Police Station Sadar Kotakpura. Prosecution story, in brief, is that on 13.11.2002, Sub Inspector Nachhattar Singh along with other police officials, were travelling from village Panjgrain Kalan towards village Ghaniawala. When the police party reached village Panjgrain Kalan, they saw a person coming on foot from the side of village Panjgrain. The said person was apprehended on the basis of suspicious and he disclosed his name as Jasvir Singh. Sub Inspector Nachhattar Singh apprised the appellant that the bag carried by him was to be searched as he suspected that the same contained some intoxicant substance and he could get the bag searched in the presence of a gazetted officer or a Magistrate. Appellant opted that the search be got effected in the presence of a gazetted officer. Deputy Superintendent of Police ('DSP" for short) Jagir Lal was requested to reach the spot by Sub Inspector Nachhattar Singh. Appellant reposed confidence in DSP Jagir Lal. The bag carried by the appellant, was searched and following articles were recovered: - Sr. No. Container Name of contraband Quantity 1. Dabi Plastic Tablets of Buta Proxyvon 32 tablets 2. Dabi Plastic Dexovon Capsules 200 capsules 3. Dabi Plastic Capsules of Hyphodek 200 capsules 4. Dabi Plastic Tablets of Lomotil 425 tablets 5. Dabi Plastic Tablets of Mictrotil 1190 tablets 6. Dabi Plastic Tablets of phenotil 130 tablets 7. Dabi Plastic Tablets of without brand 175 tablets 8. Cardboard box Corex Syrup 25 bottles

(2.) OUT of the recovered articles, sample parcels were prepared and were sealed with seals bearing impressions 'NS' (seal of Sub Inspector Nachhattar Singh) and 'JL' (seal of DSP Jagir Lal).

(3.) THE remaining contraband was also made into sealed parcels and the parcels were sealed with seals bearing impressions 'NS' and 'JL'. The sample parcels as well as the residual parcels were taken in possession. Personal search memo of the appellant was prepared. Rough site plan of the place of recovery was prepared.