DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 01.09.2014 passed by Shri Ajaib Singh, Special Judge, Fatehgarh Sahib, vide which the accused/appellant has been convicted under Section 20 of the Narcotic Drugs and Pshychotropic Substances Act (in short "the NDPS Act") and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 10,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) THE facts as enumerated from the record are that on 02.09.2011 at about 5.00 PM, ASI Baldev Singh along with fellow officials was on patrolling duty near the bridge of small canal in the area of village Ajnali. The accused was seen coming on foot from the side of GT road, Bus Stand Ajnali. He was carrying a plastic bag in his hand but on seeing the police party at once he tried to turn back. On the basis of suspicion, he was apprehended by ASI Baldev Singh with the help of fellow officials. Upon inquiry the accused disclosed his name and whereabouts. ASI Baldev Singh disclosed his identity to the accused and told him that the accused is suspected of having contraband in the plastic bag carried by him and he showed his intention to conduct search of the said bag. He also apprised the accused of the fact that accused had a right to get the bag searched either by a Magistrate or by a Gazetted Officer and if he desire, the said officer could be called at the spot. The accused reposed confidence in ASI. Accordingly, the bag was searched which led to recovery of ganja. Two samples of 100 gm each were separated from the same. On weighing, the remaining ganja came to 1 kg 800 gms. The samples and the bulk parcels were sealed by ASI Baldev Singh with his seal bearing impression 'B.S'. The sample of seal was prepared. The sealed case property was taken into police possession vide separate memo. Ruqa was sent on the basis of which formal FIR was recorded. Investigation was carried out. The accused was arrested. After completion of necessary investigation challan against the accused/appellant was presented in the Court. Copies of the documents as envisaged under Section 207 Cr.P.C, were supplied to the accused free of costs. On finding a prima facie case made out against the accused, charge under Section 20 of NDPS Act was framed against the accused, to which, he pleaded not guilty and claimed trial.

(3.) IN support of its case, the prosecution examined ASI Baljinder Singh as PW -1, HC Jiwan Singh as PW -2, ASI Baldev Singh as PW -3, SI Bhagwan Singh as PW -4, ASI Harwinder Singh as PW -5 and closed the evidence.