SURJIT SINGH ALIAS TIKKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment dtd. 30/11/2015 passed by the Special Court (A), Gurdaspur, whereby, accused-appellant (Surjit Singh @ Tikka) has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years for commission of the offence under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') along with the fine of Rs.1,00,000.00 and, in default of payment of fine, to undergo rigorous imprisonment for a period of 02 years and further to undergo rigorous imprisonment for 02 years for commission of the offence punishable under Sec. 21 of the NDPS Act along with the fine of Rs.20,000.00 and, in default of payment of fine, to undergo rigorous imprisonment for a period of 06 months.

(2.) Lower Court records has been received.

(3.) The prosecution case was that on 14/8/2012, ASI Daljit Singh, along with other police officials, was present near Gurudwara Tapiana Sahib, Kinjad Pull Sua, in the vicinity of village Nangal, in connection with patrolling duty. In the meantime, accused-appellant (Surjit Singh alias Tikka) was seen coming from the side of village Pandori and on seeing the police party, he tried to turn back. However, with the help of other police officials, he was apprehended on the basis of suspicion. He was carrying a polythene packet containing something suspicious in his right hand. After obtaining the consent of the accused-appellant, his personal search was conducted in the presence of Mr. Ranjit Singh, DSP, Halqa Qadian, whereupon a polythene envelope containing three plastic packets was recovered from his possession. The first packet was found containing 200 intoxicant capsules of Jaxson, out of which two samples of 10 capsules each were separated and put in two small containers. Remaining 180 capsules were put in a separate container. The second packet was having five injections (without label), out of which, one injection was separated as a sample. The third packet was containing intoxicant powder, out of which, two samples of 50 grams each were separated and the remaining bulk, after weighing, came to be 900 grams. Separate parcels of the recovered contraband were prepared and sealed by ASI Daljit Singh and DSP Ranjit Singh with their seals bearing impressions 'DS' and 'RS' respectively.