UPINDER PARSHAD YADAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 13.08.2004, passed by the learned Judge, Special Court, Amritsar, vide which accused-appellant Upinder Parshad Yadav has been held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for fifteen days.

(2.) As per the prosecution case, on 27.10.2002 PW2 ASI Balbir Singh, (the Investigating Officer of the case) along with other police personnels was present at Sultanwind Turning, G.T. Road, Daburji, when he received a secret information that accused-appellant was indulged in sale of opium and at that time, he was going on foot to Bus Stop - Sultanwind to sell opium. Meantime, one Mangal Singh came there and he was also joined in the police party. At about 06:00 P.M., the accused-appellant was seen coming from Daburji side. He was apprehended. The Investigating Officer asked him that he was suspected of carrying some narcotic and his person was to be searched. Accusedwas apprised of his right to be searched before some gazetted officer or a magistrate. Vide memo Ex.PE, the accused-appellant opted to get his search conducted before some gazetted officer. Wireless message was sent to Shri Paramdeep Singh Teja, DSP-III, Amritsar and he reached at the spot at about 06:45 P.M. On the instructions of the DSP, search of accused-appellant was conducted by the Investigating Officer and from the right side pocket of the pants worn by the accused-appellant, opium wrapped in a glazed paper was recovered. 10 grams of opium was taken out as sample and the residue came to be 140 grams. The sample as well as residue were sealed in separate parcels with seal bearing impressions 'BS' and 'PS' of the Investigating Officer and the DSP, respectively.

(3.) On return to the Police Station, the accused-appellant and case property were produced before SI Balkar Singh, the then SHO, Police Station - Daburji, who verified the facts and put his seal bearing impression 'BS' on the parcels of the case property. Case property was kept in double lock. On the next day, the Investigating Officer, took the case property and produced the same before the Illaqa Magistrate. The sample was sent to the Chemical Examiner, Chandigarh for examination. On receipt of the report of the Chemical Examiner Ex.PK and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.') was presented in the Court.