GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment of conviction and order of sentence dtd. 8/11/2011 passed by the Judge, Special Court, Sri Muktsar Sahib, in Sessions Case bearing No.450 dtd. 25/11/2005/RT No.154 dtd. 29/11/2006, arising out of FIR bearing No.185 dtd. 19/7/2005, under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Malout, District Sri Muktsar Sahib, whereby the appellant had been convicted for commission of offence under Sec. 15 of the NDPS Act, for having been found in conscious possession of 09 kilograms of poppy husk and, sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.2,000.00 vide order of even date.

(2.) Succinctly, the prosecution case is that on 19/7/2005, a police party headed by ASI Kabal Singh, having other police officials, namely HC Major Singh and HC Ajmair Singh, etc., on a Govt. vehicle, i.e. Canter and being driven by Gurdass Ram, was going from Malout Mandi to village Ratharian via link road in connection with patrol duty and checking of suspected persons. When the police party went 1/2 kilometre ahead on the link road from the main G.T. Road, then two persons, holding two plastic bags on their right shoulders, were spotted by the police party on foot. When the accused saw the vehicle of the police party, they put their bags aside on the road and tried to slip away. Out of the two accused, one fell down on the road and was apprehended by the I.O. with the help of other police officials. The I.O. inquired about his whereabouts, and he disclosed his name as Jagsir Singh. Jagsir Singh also disclosed the identity of the other person (who had absconded) as Gurdeep Singh, to whom HC Major Singh was already known. Gurdeep Singh could not be apprehended, and he escaped. The I.O. tried to join independent witnesses, but no one was available there. The satchel, which had been thrown away by accused Jagsir Singh, was lying with an open mouth and out of the same, poppy husk was recovered. Out of the recovered poppy husk, 250 grams were separated by the I.O. as a sample and converted into a parcel. On weighing, the remaining poppy husk came out to be 8 kilograms 750 grams, and it was converted into another parcel. The second satchel, which was thrown away by appellant Gurdeep Singh, was lying open, and poppy husk was recovered from the said satchel, out of which 250 grams of poppy husk was also separated by the IO as a sample and converted into a parcel. On weighing, the remaining poppy husk came out to be 8 kilograms 750 grams, and it was converted into another parcel. All the parcels were sealed by the I.O. with his seal bearing the impression KS. Specimen seal chit Ex. P9 was prepared, and the seal was handed over to HC Major Singh after use. The I.O. then took the case property into possession vide separate recovery memo Ex. P10, attested by HC Major Singh and HC Ajmair Singh. Ruqa Ex. P11 was sent to the police station through C. Gurpal Singh, based on which a formal FIR Ex. P12 was registered by ASI Baldev Singh. Personal search memo of the accused, Jagsir Singh, was prepared by the IO, and nothing was recovered from him. The accused Jagsir Singh was arrested, and the grounds of arrest were disclosed to him vide memo Ex. P14. Rough site plan Ex.P15 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 Baldev Singh, who checked the case property and sealed it with his seal BS and took the same into his possession vide separate memo Ex.C-2. On 20/7/2005, SHO Baldev Singh produced the accused Jagsir Singh along with the case property in the court of Sub Divisional Judicial Magistrate, Malout, vide police request/application Ex. P3 and inventory report Ex. P4. The photograph Ex. P2 of the case property was taken, and Ex. P3 was its negative. The court drew two additional samples, i.e., one from each of the bulk parcels, and sealed the same along with the bulk with its seal impression FSD/MLT. The court then passed orders Ex. P5 and then handed over the case property to the SHO, who thereafter deposited the same with MHC Jeet Singh, with seals intact. He also sent a detailed report Ex. P6, to the DSP concerned. Thereafter, the report of the Chemical Examiner Ex. P8 was received. During the investigation, the police arrested appellant Gurdeep Singh on 7/11/2005, and the grounds of his arrest were conveyed to him vide memo Ex. P17. Personal search memo Ex. P16 of appellant Gurdeep Singh was also prepared by the I.O., and nothing was recovered from him. After completion of the investigation, challan was presented in the court against the accused.

(3.) On presentation of the challan, copies thereof and other documents were supplied to the accused, and after finding a prima facie case for the offence punishable under Sec. 15 of the N.D.P.S. Act, the accused were charge sheeted accordingly, to which they pleaded not guilty and claimed trial. It is not out of place to mention here that after the framing of the charge, accused Jagsir Singh absented himself as he did not come present. Ultimately, proclamation proceedings were initiated against Jagsir Singh, and vide order dtd. 23/8/2008, the accused Jagsir Singh was declared a proclaimed offender. The prosecution brought its evidence to prove the case against appellant Gurdeep Singh.