MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment of conviction and order of sentence dtd. 2/6/2012 passed by Special Judge, Ferozepur, vide which she had convicted accused - Mukhtiar Singh and Rama alias Ram Singh for an offence under Sec. 15 of the NDPS Act, 1985 sentencing them to undergo rigorous imprisonment for six months and to pay a fine of Rs.2,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for one month each.

(2.) Feeling aggrieved the accused - convicts have preferred the instant appeal and prayed that the appeal filed by them be accepted and the impugned judgment and order be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated facts of the case are that on 11/4/2007, a police party from Police Station Khuiyan Sarwar District Ferozepur headed by ASI Dalip Kumar (hereinafter to be referred as the "Investigating Officer") was travelling in a private vehicle going from village Dewan Khera towards village Panjawa Model, in connection with patrolling, when the vehicle carrying police party reached near graveyard in the area of village Dewan Khera, a motorcycle without registration number was seen coming from the side of village Panjawa Model which was having two riders; that the Investigating Officer signalled the motorcycle to stop and it accordingly came to a halt, the person riding pillion on the motorcycle managed to flee towards the fields; that he was identified as Rama son of Hakam Singh; that Mukhtiar Singh, who was driving the motorcycle was apprehended, a plastic bag having some contents which was placed between the driver of the motorcycle and the pillion rider was found; that the Investigating Officer informed Mukhtiar Singh that he suspected that bag to be containing contraband and wanted to search it and that accused had a right to get search carried out in the presence of a Gazetted Officer or a Magistrate. However, Mukhtiar Singh stated that he had faith in the Investigating Officer, the Investigating Officer prepared consent memo in that regard and thereafter searched the bag, which was found to contain 10 kgs. of poppy husk; the Investigating Officer took out 250 grams of poppy husk from the bag and then the sample and the bulk were converted into parcels sealed with seal of Investigating Officer. Bulk parcel, sample parcel and motorcycle were taken into police possession. ASI Ram Sarup then sent ruqa to the Police Station, on the basis of which formal FIR was registered; that accused Mukhtiar Singh was formally arrested, grounds of arrest were served upon him, rough site plan of place of recovery was prepared, personal search of Mukhtiar Singh was conducted, which resulted in recovery of identity card of Punjab Police, that was taken into possession, on return to the Police Station, the Investigating Officer produced accused Mukhtiar Singh as well as the case property before ASI Ram Sarup, the officiating SHO, who verified the investigation, interrogated the accused and kept the case property in his possession; that on the next day accused along with case property was produced before the Illaqa Magistrate. During course of investigation sample parcels was sent to office of Chemical Examiner for analysis. Accused Rama @ Ram Singh was arrested in this case on 13/2/2008 and grounds of arrest were furnished to him. Intimation regarding his arrest was given to his father.