SUKHWINDER SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has laid challenge to the judgment of conviction and sentence passed by the Special Court, Kapurthala dated 21.09.2015 vide which he was held guilty under Section 21 of the Narcotic Drugs and Psychotropic Substances Act(for brevity, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and pay fine of L One lac. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for one year

(2.) The prosecution case, in nutshell, is that on 22.01.2013 at about 4:00 PM a police party headed by ASI Harjit Singh had reached Tashpur Chowk, village Naseerawal. On suspicion they intercepted a person carrying a plastic bag. The person disclosed his name as Sukhwinder Singh @ Sukha son of Sewa Singh, resident of village Toti Sultanpur Lodhi (appellant). The police party made efforts to join public persons, but were unable to do so. On search of the bag, intoxicating powder was recovered. Two samples of 05 grams each were separated and converted into parcels. The remainder on weighment was found to be 90 grams. The samples and the remainder powder were sealed with seal "HS" and were taken into possession vide separate recovery memo, attested by HC Gurmej Singh and HC Gurdial Singh. Form-29-M was prepared and seal impression was embossed thereupon. Ruqa was sent to the police, whereupon FIR was registered. Special reports were delivered to the Higher Officers through HC Jaswinder Singh. Rough site plan was prepared. The accused was arrested and produced before ASI Bhupinder Singh, officiating SHO. He verified the facts and put his seal on the samples, parcel containing the remainder and form 29M and kept the parcels in his custody. The case property and representative sample and the accused were produced before the Court and after orders, the case property was deposited in the Malkhana. The samples were handed over to MHC Puran Chand who sent the same through HC Surjit Singh to the Chemical Examiner for analysis. On examination, the samples were found to be of Diphenoxylate. On completion of investigation, final report was laid.

(3.) The accused was charged under Section 21 of the Act, to which he pleaded not guilty and claimed trial.