SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal against judgment dated 18.03.2017 passed by Judge, Special Court, Sangrur whereby appellant was convicted for offence punishable under Section 15 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (later referred to as 'NDPS Act') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 10,000/-. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for two months.

(2.) The case of prosecution, in brief, is that on 30.08.2013, ASI Kuldeep Singh alongwith his police party spotted the appellant coming on foot on pavement of canal from the side of village Kheri Khurd, carrying a plastic bag on his head. On seeing the police party, he felt perplexed and tried to turn towards his backside and was apprehended on the basis of suspicion. After disclosing his identity, ASI Kuldeep Singh apprised the appellant about his suspicion that plastic bag carried by the appellant contains some contraband and about his right to get his search conducted before some Magistrate or gazetted officer but the appellant reposed his confidence in him and his consent memo as Ex. P-7 was recorded. On search the plastic bag was found containing poppy-husk out of which two samples of 250 gms. each were taken and sealed at the spot with the seal of ASI Kuldeep Singh bearing impression 'KS' and remaining 19 kgs. 500 gms. poppy-husk including the weight of plastic bag was also sealed with same seal. Sample seal chits Ex. P-8 to Ex. P-10 and Form no. 29 were prepared at the spot. Seal after use was handed over to ASI Malkiat Singh, who was also member of police party. All the parcels were taken into possession vide recovery memo Ex. P-12 and ruqa (Ex. P-13) was sent to Police Station Sherpur through constable Sukhchain Singh, whereupon formal FIR Ex. P-14 was recorded.

(3.) Memo stating grounds of arrest of appellant and intimation of his arrest (Ex. P-15) was prepared, which was thumb marked by the appellant and signed by his wife Simran Kaur. Rough site plan of the place of recovery (Ex. P-17) was prepared and special report (Ex. P-18) was sent to Deputy Superintendent of Police, Dhuri on which he made his endorsement (Ex. P-19).