DEEPAK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has challenged the judgment of conviction and order of sentence dtd. 5/7/2011 passed by the Judge, Special Court (NDPS), Roopnagar, whereby he was convicted in case bearing FIR No.67 dtd. 21/6/2007 registered under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Anandpur Sahib, Rupnagar, and sentenced as under:- <IMG>JUDGEMENT_49_LAWS(P&H)4_2026_1.JPG</IMG>

(2.) Briefly summarized, the facts of the present case are that on 21/6/2007, ASI Jaswant Singh was posted as Incharge, Police Post Kiratpur Sahib, and on that date, he, along with C. Bal Kishan and other police officials was present in the area of T point Gajur, Kotla Power house in connection with patrolling and checking of bad elements on scooters. At about 7 AM, one Ram Kishan came there and struck up a conversation with him. During this time, the accused came from the side of Kotla, carrying a plastic bag in his right hand, and he put something from the bag into his mouth. On seeing the police party, he became perplexed and tried to turn towards the left. He was apprehended with the help of other police officials and questioned about his name and whereabouts. The plastic bag, which was in his hand, was open, and on search, opium was found lying in the bag. ASI Jaswant Singh took out two 20-gram samples and converted them into parcels by placing them in a plastic box, and the remaining weight on weighing came out to be 110 gm, which was also put into a separate plastic box along with the plastic envelope. All three parcels were sealed by him with his seal bearing the impression JS. The sample seal was separately prepared, and the seal after use was handed over to witness Ram Kishan. He took possession of the said parcels along with a sample slip vide recovery memo Ex. PW5/A, which was attested by C. Bal Kishan and Ram Kishan. He then sent ruqa Ex.PW5/B through C. Balbir Singh, based on which FIR Ex.PW5/C was recorded by SI Kishan Singh, whose signature he identified. He prepared the site plan, Ex. PW5/D at the spot. He arrested the accused vide arrest memo Ex. PW5/E. His personal memo is Ex. PW5/F. The information memo regarding his arrest is Ex. PW5/G. Arrest report under Sec. 58 Cr.P.C. is Ex.PW5/H. He recorded the statements of the witness.

(3.) On completion of the investigation and filing of the final report under Sec. 173 Cr. P.C., the charge was framed. The prosecution led its evidence, on conclusion whereof, the statement under Sec. 313 Cr.P.C was recorded. The appellant denied the allegations. No defence evidence was, however, led by the appellant/accused.