SATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 17.1.2014 passed by Sh. K.K. Goyal, Judge, Special Court, Amritsar vide which the accused appellant was convicted under Section 22 read with Section 8 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.5000/- and in default of payment of fine to undergo further RI for 3 months.

(2.) The brief facts of the case are that on 15.10.2011 SI Kuldip Singh along with other police officials was present at T-point, Kabir Park in connection with patrolling and detection of bad elements duty. He received secret information that Sunny son of Chamkaur Singh accused in FIR No.170/2011 U/S 379 IPC is present outside Guru Nanak Dev University and in case a raid is conducted, he could be apprehended. SI Kuldip Singh along with other police officials reached at the disclosed place. On seeing police party, one young boy proceeded towards his left side. He was apprehended and on asking he told his name Satinder Singh alias Sunny son of Chamkaur Singh. SI Kuldip Singh was questioning him. In the meantime, he took out a polythene envelope from right pocket of his trouser and tried to throw it on the ground. SI Kuldip Singh apprehended him and took polythene envelope from him. Before checking polythene envelope, he tried to join a witness from the public but no one joined. On checking of the said envelope, intoxicating powder was found. Two samples of 10 gms each were taken out and the remaining powder was found to be 240 gms. Three parcels were thus prepared. All were sealed with seal "KS' by SI Kuldip Sijgh. Sample seal impression was separately taken. All the said parcels were taken in possession vide separate memo. Seal was handed over to HC Tarsem Singh after use. Ruqa was sent to the Police Station whereupon formal FIR was recorded. After completion of investigation, challan against the accused was presented in the Court. Charge under Section 22 read with Section 8 of the NDPS Act was framed against the accused to which he denied and pleaded not guilty and claimed trial.

(3.) The prosecution in order to prove its case examined PW- 1 SI Kuldip Singh, PW-2 HC Uttam Gurbinder Singh, PW-3 HC Tarsem Kumar and PW-4 DSP Dinesh Singh and closed the prosecution evidence. The statement of the accused was recorded under Section 313 Cr.P.C and all the incriminating circumstances appearing in the prosecution evidence were put to him to which he denied and pleaded false implication.