PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal against the judgment dated 27.01.2017 passed by Judge, Special Court, Shaheed Bhagat Singh Nagar (Nawanshahr) convicting the appellant for offence punishable under Section 18 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short-NDPS Act) and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 30,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 09.03.2013, ASI Phool Rai of CIA Staff, Nawanshahr (SBS Nagar) was going with his police party from Nawanshahr towards village banga, Gunachaur, Khankhana, Sarhal Kazian, Chak Bilga and Behram. When the police party reached some distance ahead of Railway Crossing, Behram. It was 3.30 P.M. and the appellant was seen coming from the side of colony of village Behram. On seeing the police party, he felt perplexed and fastened his steps after taking a U-turn. He was apprehended on the basis of suspicion and ASI Phool Rai after giving his introduction apprised of his suspicion that he was carrying some contraband and search was to be conducted. Appellant was made aware that he had right to get his search conducted in the presence of a Gazetted Officer or a Magistrate, at which he preferred to get his search conducted in the presence of Gazette Officer. His dissent statement Ex.PW5/A to this effect was recorded and Deputy Superintendent of Police Bhagat Singh Gill (PW3) was given a wireless message to reach at the spot. He came to the spot at 4.00 P.M. On being informed about facts, he disclosed his identity to the appellant and again apprised him to get his search conducted before some other Gazette Officer or Magistrate. Appellant reposed his confidence in him and his consent memo Ex.PW3/A was prepared, which was signed by appellant and other witnesses present at the spot. On instruction of DSP, ASI Phool Rai conducted search of the appellant and found opium wrapped in glazed paper from right pocket of his pant. Out of which 10 gms was separated as sample and parcel of it was prepared. Remaining opium weighing 1 kg 490 gms was put in a parcel. Both the parcels were sealed with seal of Investigating Officer bearing impression 'PR' and of DSP bearing impression 'BS'. Sample seal sheets bearing impressions of seal of Investigating Officer and DSP Ex.PW3/B and Ex.PW3/C were prepared. Form No.29 (Ex.PW3/D) was partly filled at the spot. The sample, remaining case property and the above referred form were taken into possession vide recovery memo Ex.PW3/E, which were signed by DSP, Investigating Officer and other police officials present at the spot. Ruqa Ex.PW5/B was sent to the police station, whereupon formal FIR Ex.PW5/C was recorded. Rough site plan Ex.PW5/C of the place of recovery with correct marginal notes was prepared and the appellant was arrested vide arrest memo Ex.PW5/E. During the period, investigation was going on at the spot, the person who had taken the ruqa to the police station returned at the spot with FIR and ruqa. On all the memos prepared at the spot, FIR number was incorporated.

(3.) On return to the police station, appellant and the case property was produced before Inspector Surjit Kumar, SHO along with all other memos prepared at the spot. He (SHO) was apprised of all the facts relating to opium from the appellant which were further affirmed by him through inquiry from the appellant. Thereafter, SHO Surjit Kumar put his own seal 'SK' on the sample and the parcel containing remaining opium and prepared his sample seal impression Ex.PW3/C. He also completed form No.29 and handed over the case property, form No.29 and sample seal to Investigating Officer ASI Phool Rai, who deposited the same with MHC vide entrustment memo Ex.PW4/A. Inventory report Ex.PW4/B was also prepared and the case property, sample along with documents were deposited with MHC. On the next day, case property was produced before Chief Judicial Magistrate, SBS Nagar, where a representative sample of 10 gms from the bulk of opium was drawn and sealed with seal bearing impression of 'HA'. Learned Magistrate had also seen and signed the other parcels. Again on return to the police station, parcels, form No.29 and other documents were deposited with MHC, Police Station Behram. Samples were sent to Chemical Examiner and found to be that of opium and after completion of investigation, challan was presented against the appellant in Court.