JAGSIR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment of conviction and order of sentence dated 10.6.2005 passed by the Judge, Special Court, Mansa, whereby the present appellants -accused, Jagsir Singh @ Jagga and Darshan Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and each accused was sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 25,000/ -. In default of payment of fine, each convict was further directed to undergo rigorous imprisonment for a period of 6 months.

(2.) AS per the prosecution version SI, Malkiat Singh, Station House Officer, Police Station, Sardulgarh along with ASI Lalinder Singh and a few other police officials was on patrol duty on 25.5.2002 and to apprehend bad element he had laid picked at a point one kilometer away from village Jatana Kalan on the link road, Rori, in the revenue estate of Jatana Kalan. Kaur Singh PW came there from the side of Jatana Kalan and was joined with the police party. After sometime, two persons were seen coming on a motor cycle. They were carrying a gunny bag in between them. On seeing the police post, they felt perplexed. This aroused suspicion in the mind of Sub Inspector Malkiat Singh (herein after referred as the 'IO'). Both the occupants of the motorcycle were apprehended on account of such suspicion. Accused Jagsir Singh alias Jagga was driving the motorcycle while the other accused Darshan Singh was riding the pillion. I.O. told both the accused that they were suspected of carrying some narcotic in the bag which was in their possession and that they had a right to get the bag searched in the presence of a Gazetted Officer or a Magistrate. Both the accused opted to get the search conducted in the presence of a Gazetted Officer, individually. Two memoranda (Ex. PJ and Ex. PK) were prepared in this respect. These were sighed by the respective accused and were witnessed by ASI Lalinder Singh and Kaur Singh PWs. IO then sent a wireless message to summon a Gazetted Officer to the spot. After some time, DSP Raminder Singh (PW) came to the spot and after being acquainted with the facts and circumstances of the case he disclosed his identity before the accused as a Deputy Superintendent of Police and a Gazetted Officer. He also asked both the accused, one after the other, whether they wanted to be searched in the presence of any other Gazetted Officer or a Magistrate. Both the accused opted to be searched in the presence of said DSP Raminder Singh. Two memoranda (Ex. PA and Ex. PB) were prepared in this respect. These were signed by the respective accused and were attested by ASI Lalinder Singh and Kaur Singh PWs as also by DSP Raminder Singh. The motorcycle which the accused were riding was without a registration number.

(3.) AFTER getting the report from the Forensic Science Laboratory, Punjab Chandigarh (Ex. PY/1), both the accused were charged under Section 15 of the NDPS Act.