BALBIR SINGH @ BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has laid challenge to the judgment of conviction and sentence passed by the Special Court, Mansa dtd. 5/5/2009 vide which he was held guilty under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act(for brevity, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.One lac. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for one year The prosecution case, in nutshell, is that on 21/8/2007 a police party headed by ASI Major Singh of CIA Stafff was patrolling in the area of village Jawaharke. It was about 9:30 a.m. a Qualis Jeep bearing registration No. HR62-1685 was seen coming from Ramdittewala Chowk. On being signalled to stop, the driver of the Qualis tried to flee and in the process the vehicle dashed on the side of the bridge. One person managed to escape, the driver was apprehended. He disclosed his name as Balbir Singh @ Babbu (appellant). Four gunny bags were noticed in the vehicle. The police suspected that it contained some contraband. One Binder Singh also came at the spot and was associated in the investigation. The accused was given option for search before the Gazetted Officer. Accused opted to be searched before a Gazetted Officer, upon which DSP(D) Manjinder Singh was called to the spot. Search was carried out in the presence of DSP Manjinder Singh and public witness Binder Singh and poppy husk was recovered. A sample of 100 grams was separated from each bag and the remainder on weighment was found to be 29 Kgs and 900 grams each. Sample parcels and bags were sealed with the seal impression 'MS' and were taken into possession vide separate memo. The seal after use was handed over to ASI Sukhdev Singh.

(2.) The police party returned from the spot. Accused along with case property were produced before SI/ SHO Paramjit Singh, who verified the facts. Samples were sent to FSL and on receipt of examination report and on completion of investigation, final report was laid.

(3.) In his statement under Sec. 313 Cr.P.C., the accused denied any recovery from him. He took the stand that in order to save Pannu Ram, the owner of the Qualis, he was falsely implicated.