JAGDISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this appeal the above -said appellant Jagdish Singh alias Disha has challenged the judgment and order of sentence dated 15.4.2004 passed by the learned Special Judge, Amritsar in criminal case bearing FIR No. 53 dated 27.3.2003, Police Station 'A' Division, Amritsar, vide which the appellant (accused) was held guilty for the offence punishable under Sec. 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short - the Act) and convicted thereunder with the sentence as detailed below: -

(2.) The case of the prosecution, in nutshell as put forth before the learned trial Court was that on 27.3.2003, ASI Shivdarshan Singh, Incharge, Police Post, Maqboolpura, Police Station 'A' Division, Amritsar along with other police officials was present in the area of twin crossing, New Golden Avenue, in connection with patrolling and checking of bad elements. On seeing the police party, one Sikh gentleman who was standing by the side of rehries ran towards New Golden Avenue and he was apprehended by the police on the basis of suspicion. In the meantime, one Baljit Singh alias Billa son of Lakhbir Singh, resident of Gali No. 8, Krishna Nagar, Amritsar met the police and he was joined in the police party. During interrogation, the above -said person told his name as Jagdish Singh @ Disha, the present appellant, who was holding a bag of small size in his right hand, which was checked as usual. During its search, smack wrapped in a glazed paper was recovered, out of which 5 gms. were taken out as a sample and the remaining was found to be 5 gms. on weighment. The sample smack and the residue smack were put into different plastic dabbis, the parcels of which were prepared by sealing the same with the seal of 'SS' and the same were taken into police possession. Sample seal was prepared separately. Seal after use was handed over to said private witness Baljit Singh by the Investigating Officer. The accused could not produce the licence for keeping the above -said narcotics in his possession. So, ruqqa was sent to the police station, on the basis of which the instant case was registered. Accused was formally arrested in this case after disclosing him the grounds of his arrest. Personal search of the accused was also conducted and a memo in this regard was prepared. Site -plan of the place of recovery was prepared. On returning to the police station, the case property along with the accused was produced before the SHO Police Station 'A' Division, Amritsar. On completion of investigation and on receipt of report of the Chemical Examiner, challan in this case was presented before the Court of Special Judge, Amritsar.

(3.) Compliance of the provisions of Sec. 207 of Cr.P.C. was made.