ADHI RAM THAKUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED by the judgment of conviction dated 16.12.2014 and order of sentence dated 18.12.2014 passed by the learned Judge, Special Court, Ludhiana, the instant appeal has been preferred by the appellant. The appellant faced trial of the charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) THE facts of the case briefly, stated, are that on 03.03.2011, the police party headed by PW -1 Sub Inspector (SI) Kulwant Singh, the Investigating Officer (IO) was present near the godown of gas cylinders in the area of village Kadian, in connection with patrol duty and checking. In the meantime, the appellant came from the side of G.T. Road but on seeing the police party, he tried to slip away from the spot. He was apprehended on suspicion. SI Kulwant Singh, informed the accused that he suspected some contraband article in his possession and that his search was to be conducted. The appellant was also informed of his legal right to get the search conducted in the presence of a Magistrate or a Gazetted Officer but the appellant reposed confidence in the Investigating Officer (IO). Consent memo Ex. PA of the appellant was reduced into writing which was signed by him and attested by the witnesses.

(3.) ON return to police station, the case property was produced before ASI Surinder Singh, Incharge SHO of police station who after verifying the facts put his own seal bearing impression 'SS' on the case property and also prepared the sample seal impression of his seal. The case property was then handed over to MHC of the police station.