YADWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred by above -said appellant against the judgment and order of sentence dated 7.5.2010 passed by the Court of learned Judge, Special Court, Barnala in criminal case bearing FIR No. 56 dated 20.5.2009, under Sec. 15 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short - the Act), Police Station Tapa vide which he was held guilty for the offence punishable u/S 15 of the Act and awarded sentence of rigorous imprisonment for one year along with a fine of Rs. 500/ -. In default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The case of prosecution in nutshell as put forth before the learned trial Court was that on 20.5.2009, ASI Jasbir Singh along with other police officials was going from Tapa Mandi to Daraj, Daraka etc. on private scooters in connection with patrolling and checking of bad elements. When the police party reached at drain bridge Daraj at about 3:00 p.m., then from Jethke side on left hand, one person was detected coming towards the drain bridge via pavement while holding a plastic bag in his right hand. The said person on seeing the police party tried to retreat but he was apprehended by ASI Jasbir Singh with the help of his colleagues. During interrogation, the said person told his name as Yadwinder Singh @ Pappu son of Isher Singh, resident of Jeet Nagar, Factory Road, Ram Pura. He was apprised that the police has suspicion that there is some contraband in his bag and as such the same is to be searched. He was further told that under the law he has a right that the search of his bag could be made either from any gazetted officer or Magistrate, if he so desires. He reposed confidence in ASI Jasbir Singh for the search of his bag. Accordingly consent memo in this regard was prepared. During search of the bag, it was found to contain poppy husk, out of which two samples weighing 250 gms. each were separated and the remaining was found to be 3.500 kgs. on weighment. Parcels of the samples and of remaining poppy husk were prepared and were sealed with the seal of 'JS' and the same thereafter were taken into police possession. Seal after use was handed over to HC Kewal Ram. Sample seal was prepared separately. Ruqqa was sent to the police station on the basis of which, the instant case was registered. Accused was formally arrested in this case. Site -plan of the place of recovery was prepared. On returning to the police station, the case property was produced before the SHO and was got deposited in the malkhana. Statements of witnesses were recorded. On completion of investigation and on receipt of report of Chemical Examiner, challan against the accused was presented before the trial Court.

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