KARAM SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment/order of the trial Court dated 22.07.2009, vide which the appellants have been convicted under Section 21 of the NDPS Act, and sentenced them to undergo RI for ten years each and to pay a fine of Rs. 1 lac each, in default of payment of fine to undergo further RI for one year each.

(2.) Brief facts are that a secret information was received by SI Balbir Singh that the appellants were notorious smugglers dealing in fake currency and smuggled drugs and at the time of information, it was disclosed that they were waiting for consignment of fake currency and heroin near Chatiwind chowk in the area of police station 'C' Division, Amritsar, and if a raid was conducted, they could be apprehended with the contraband. SI Balbir Singh informed the Superintendent of Police (Narcotics), constituted a team and organized a naka. On seeing the police party, the appellants tried to escape but were overpowered. They were informed that they had a right to be searched either by a Magistrate or by a Gazetted Officer and, on their expressing trust in a Gazetted Officer, DSP Rajpal Singh from Narcotic Cell was associated. From two bags being carried out by the appellants, 1 kg of heroin each was recovered. They were sent for trial and having been convicted are before this Court. Counsel for the appellants has argued that the joint offer made to the appellants regarding option of being searched by a Magistrate or a Gazetted Officer does not meet the parameters of Section 50 of the NDPS Act (for short 'the Act'). In this connection, he has relied upon a decision of the Hon'ble Supreme Court in State of Rajasthan v. Parmanand and another, 2014 2 RCR(Cri) 40, wherein it was held as follows :-

(3.) Counsel for the appellants has further argued that once SI Balbir Singh himself was the informant/complainant, it was incumbent on the superior officer to have marked the inquiry to another Officer. For this proposition, he has relied upon the decision of the Hon'ble Supreme Court in State by Inspector of Police, Narcotic Intelligence Bureau, Madurai, Tamil Nadu vs Rajangam, 2010 15 SCC 369, wherein it was held as follows:-