PARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 10.07.2004, passed by learned Judge, Special Court, Patiala, vide which accused-appellant Parvinder Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on the quantum of sentence of the even dated, vide which the accused-appellant has been sentenced to undergo rigorous imprisonment for a period of 18 months and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of 02 months.

(2.) In nutshell, the allegations of the prosecution are that on 28.02.2003, PW1 Sub Inspector Jai Singh (the Investigating Officer of the case) along with other police officials, was leading the police party and when they reached near Kaka Hotel, Rajpura, one Om Parkash met them. The Investigating Officer was talking with him. Meanwhile, the accused-appellant was seen coming on foot from the side of Gagan Chowk, Rajpura. He was carrying a gunny bag on his head. On perceiving the police party, he tried to dodge. On suspicion, he was apprehended by the police party. The Investigating Officer apprised the accused-appellant of his right to get his search conducted in the presence of any magistrate or a gazetted officer. The accused-appellant reposed faith in the Investigating Officer vide his consent memo Ex.PA. On search of the bag, it was found containing churra poppy heads. On weighment, it came to be 35 kilograms. Two samples of 250 grams each were separated. Separate sealed parcels of the sample parcels and residue were prepared and were sealed with the seal bearing impression 'JK'. The seal was handed over to public witness Om Parkash after use. The contraband was taken into possession vide memo Ex.PB. Investigating Officer sent the ruqqa Ex.PD, on the basis of which formal FIR Ex.PD/1 was registered. The accused-appellant was arrested. The Investigating Officer prepared the site plan of the place of recovery Ex.PE.

(3.) On return to the police station, the accused-appellant along with the case property and the witnesses were produced before Inspector Balwinder Singh, SHO Police Station- City Rajpura, who verified the factum of recovery and put his seal 'BS' on all the three parcels. The case property in intact condition was deposited with the Mohrir Head Constable. On the next day, the Investigating Officer produced the case property before the Illaqa Magistrate vide request Ex.PG and the learned Illaqa Magistrate passed order Ex.PG/1. The sample parcel was sent to the Chemical Examiner for examination. On receipt of the report of the Chemical Examiner Ex.PH and on completion of formalities of investigation, report under Section 173 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') was presented in the Court.