SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction and the order of sentence dated 06.10.2012, passed by the learned Judge Special Court, Sri Muktsar Sahib, vide which the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) THE brief facts of the case in hand, recorded by the learned trial Court are that, on 21.10.2008, a police party headed by ASI Jasveer Singh having other police officials namely HC Amrik Singh and other police officials were going in connection with patrolling duty from village Middu Khera to Fatta Kera then at about 09:15 am. when the police party reached the bridge of drain in the area of Fatta Kera, then one man was seen coming on Motor Cycle bearing registration No. PB -30E -2648 along with a plastic bag which was lying on his thigh and on seeing the police party he become perplexed and turned his motorcycle, but he was apprehended on suspicion and the I.O. inquired him whereabouts. The I.O. told the accused that he suspected some contraband in his possession and the search is to be conducted by apprising him that he has legal right for the search in the presence of some Gazetted Officer or a Magistrate, but the accused reposed confidence in the I.O., who prepared the consent memo Ex. P1 of the accused, which was attested by HC Amrik Singh and HC Gurmeet Singh and by the accused. Thereafter, on search of the bag, it was found to contain poppy husk, out of which 250 grams of poppy husk was separated as sample and converted into a parcel. On weighment, the remaining poppy husk came to be of 14 kilograms 750 grams of poppy husk and it was converted into another parcel. Both the parcels were sealed by the I.O. with his seal bearing impression JS. Specimen seal chit Ex. P2 was prepared and the seal after use was handed over to HC Amrik Singh and Form No. 29 was filled on the spot. Then, I.O. took the case property along with motorcycle, R.C. Ex. P3 into possession vide separate recovery memo Ex. P4, attested by HC Amrik Singh and HC Gurmeet Singh. Ruqa Ex. P5 was sent to the Police Station through P.H.G. Wazir Singh and on the basis of which formal FIR Ex. P6 was registered by SI S.H.O Harinder Singh. Personal search of the accused was conducted and a sum of Rs. 40/ - and one Nokia mobile 1110 were recovered and the same were taken into possession vide recovery memo Ex. P9. The accused was arrested and grounds of arrest were disclosed to him vide memo Ex. P8. Rough site plan Ex. P7 was prepared by the I.O. at the spot. All the memos were attested by the same set of witnesses. Statements of the witnesses were recorded. On returning to the Police Station, the I.O. produced the accused and the case property before SHO/SI Harinder Singh along with personal search money, who checked the case property and verified the investigation and then the sealed it with his seal HS and took the same into his possession vide separate memo Ex. P10. On the next day, SHO/SI Harinder Singh produced the same further in the Court vide police request/application Ex. P12, Ex. P13 & Ex. P14. The Court drew one additional sample from the bulk parcel and sealed the same alongwith bulk parcel with its seal impression FSDMLT and passed ordered Ex. P15 and then handed over the case property to the SHO, who thereafter deposited the same with MHC Kasturi Lal, with seals intact. He also sent detailed report Ex. P17 to the DSP concerned. Thereafter, on receipt of the report of the Chemical Examiner Ex. P11 and completion of the investigation, challan against the accused was presented in the Court.

(3.) THEREAFTER , charge under Section 15(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, was framed, to which he pleaded not guilty and claimed trial.