SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Sukhwinder Singh has challenged the judgement passed by the trial Court vide which he was convicted under Section 21 of the Narcotics and Psychotropic Substances Act, 1985 (for short 'NDPS Act') for being in unauthorized possession of 115 intoxicant injections and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 5000/- and in default to undergo a further period of 6 months R.I.

(2.) On 3.12.1998, PW2 Malkiat Singh, SI/SHO of Police Station Bhikhiwind proceeded alongwith the police party in connection with patrol duty. He received a secret information that accused Sukhwinder Singh was indulging in the sale and purchase of intoxicant injections. Accused came from the side of village Chung. He was apprehended when he was about to escape. Suspecting that he was carrying some narcotic substance, he was apprised of his right to be searched either before him or before some Gazetted Officer or before the Magistrate. Accused preferred to have the search in the presence of a Gazetted Officer. The presence of PW1 DSP Amarrjit Singh Bajwa was secured by PW2. PW1 having disclosed his identity to the accused and having ascertained his preference, directed PW2 to make a search of the bags carried by the accused. On a search made by PW2, 115 injections without any label were recovered from the cardboard box. All the injections were put in a parcel and were sealed with seal bearing impression 'MS'. The parcel alongwith the sample was taken into possession vide memo Ex.PD. PW2 sent ruqa Ex.PE to the police station. A formal first information report Ex.PW1/A was registered by SI Gurbachan Singh. Personal search of accused also was also conducted which resulted in recovery of Rs. 130/-. Accused was arrested. Rough sketch was prepared. The contraband was sent for chemical examination. The chemical examiner report would disclose that the injections contained Morphine Sulfate.

(3.) The trial Court having thoroughly analyzed the evidence of PW1, PW2 and PW3 arrived at a conclusion that the prosecution established beyond reasonable doubt that the accused committed the offence punishable under Section 21 of the NDPS Act, 1985.