SUKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 29.04.2004 passed by learned Addl. Sessions Judge -cum -Special Judge, Amritsar, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Sec. 21 of the NDPS Act.

(2.) The brief facts of the prosecution case are that on 14.02.1996, SSP, Tarn Taran received a secret information that Sukhbir Singh @ Lati and Mohan Singh used to smuggle gold, opium, heroin etc. from Pakistan and sell in the area of Jhabal and they also smuggle whisky from India to Pakistan and they also supply maps of India to Pakistan and if the raid is conducted then recovery could be effected from them. On the basis of this information, present case was registered against them. Then on 18.02.1996, SI Kulwinder Singh along with other police officials held nakabandi in the area of Thathgarh. Two independent witnesses namely Salwinder Singh and Baljit Singh @ Pappu were also joined in the police party. At about 2.00 P.M., Sukhbir Singh @ Lati came from Amritsar side on a bicycle and he was carrying a bag on his right shoulder. On suspicion, he was apprehended. The accused was apprised of his legal right to get the search conducted in the presence of any Gazetted Officer or Magistrate and the accused desired to get the search conducted before some Gazetted Officer. The Investigating Officer sent a message to Jaspal Singh, DSP, City Tarn Taran, who came on the spot. Then search was made as per law and from the bag carried by the accused, two packets of heroin were recovered. One packet of heroin was bearing mark double tiger, Made in 'Thailand', heroin 100%, Heroin Special One, net weight one pond and the other packet was in simple envelop. Ten grams as sample from each packet was taken out. First packet when weighed, came to be 460 grams and second came to be 310 grams. The sample parcels and bulk parcels were prepared and sealed with the seal bearing impression 'JS' and 'KS'. Case property was taken into police possession vide recovery memo Ex.PB. Accused was arrested. Statements of witnesses were recorded. On return to the police station, case property was kept in double lock and on the next date the case property was produced before the Illaqa Magistrate and on return to the police station, it was again kept by the Investigating Officer in his custody under double lock. After necessary investigation, the challan was presented against the accused -appellant.

(3.) On presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Sec. 207 Cr.P.C. Finding prima facie case, the accused -appellant was charge -sheeted under Sec. 21 of the NDPS Act, to which he pleaded not guilty and claimed trial.