GURBHEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 06.06.2011, passed by the learned Judge, Special Court, Hoshiarpur, vide which accused-appellant Gurbhej 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 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 5000/-, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) As per the prosecution case, on 21.03.2008 PW1 SI Onkar Dutt, (the Investigating Officer of the case) along with other police personnels was on patrolling and they were going towards Dera Radha Swami Colony. When they reached near railway crossing Dasuya, they noticed that the accused-appellant was coming on a scooter without registration number. The Investigating Officer intercepted him. On seeing the police party, he got perplexed. The Investigating Officer asked him that he was suspected of carrying some narcotics and his person was to be searched. Accused-appellant was apprised of his right to be searched before some gazetted officer or a magistrate. Vide memo Ex.PA, the accused-appellant reposed confidence in the Investigating Officer.

(3.) On return to the Police Station, the accused-appellant and case property were produced before SI Manjit Singh, the then SHO, Police Station - Dasuya, who verified the facts and put his seal bearing impression 'MS' on the parcels of the case property. Case property was deposited with the Moharir Head Constable. On the next day, the Investigating Officer, took the case property and produced the same before the Illaqa Magistrate. The case property was again produced before the Illaqa Magistrate on 31.03.2008 and one representative sample was separated which was sealed with seal bearing impression 'DSR'.