SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sucha Singh had faced trial in case FIR No.74, dated 30.03.2010 under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 489(b) and 489(c) IPC, registered at Police Station Sadar Fazilka. The trial Court, vide its judgment of conviction and order of sentence dated 27.02.2012, held the appellant guilty and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to further undergo simple imprisonment for a period of 01 year under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985. The trial Court further sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs.4,000/- and in default of payment of fine to further undergo simple imprisonment for a period of 03 months under Section 489(c) IPC.

(2.) Brief facts of the case as per prosecution version are that on 30.03.2010, Inspector Sarabjit Singh along with his co-official was present on the bridge of seepage drain in the area of village Bale Shah Hithar (Noorshah) with regard to investigation on receiving special information. At about 5.00 AM one person was seen from the side of village Ghurka and when he was about to reach the bridge, he was apprehended by the police party and on inquiry disclosed his name as Sucha Singh. The Inspector Sarabjit Singh, after disclosing his identity to the accused asked him that he suspected that he was carrying some intoxicant article and he had a legal right to get the search conducted before him or in the presence of Gazetted Officer or Magistrate. The accused-persons gave their options to be searched in the presence of some Gazetted Officer and accordingly, the consent memo (Ex.P2) was prepared, which was signed by the accused and attested by Inspector Baljit Singh and SI Atma Singh. The Inspector-Baljit Singh requested DSP Raghbir Singh, Ferozepur to reach at the spot, who came thereafter some time in his official vehicle along with his gunman and after disclosing his identity, he informed the accused that he suspected that he had carrying some intoxicant material and his personal search was to be conducted. Thereafter, the consent memo of the accused Ex.P3 was prepared which was signed by the accused and attested by Inspector Baljit Singh and SI Atma Singh and verified by DSP Raghbir Singh. On the direction of the DSP, Inspector Sarabjit Singh conducted the search, as a result of which, heroin wrapped in a glazed paper was recovered from the right side pocket of the trouser of the accused persons and twenty five (25) fake currency notes of denomination of Rs.500/- each were recovered from the left side of his trouser's pocket. On weighing, the intoxicant was found to be 400 grams out of which two samples of 10 grams each were separated and kept in a plastic box and the parcels were prepared. The remaining heroin was also sealed in a separate plastic box and its parcel was also prepared by Inspector Sarabjit Singh with his seal bearing impression SS. CFSL form was prepared as Ex.P4 and he put one impression of his seal on CFSL form as Ex.P5 and DSP also affixed his seal impression RS on all the parcels as well as on CFSL form Ex.P6. The numbers of fake currency notes were noted on the recovery memo and was also sealed by Inspector Sarabjit Singh and DSP also put his seal bearing impression RS and the seal was later on handed over to Inspector Baljit Singh, whereas DSP retained his seal with himself. The case property was taken into possession by the police vide recovery memo Ex.P7 and thereafter, a Ruqa/information was sent to the police station through Head Constable Pipal Singh for registration of the case and accordingly, an FIR was registered. The personal search, memo of the accused was also prepared and the grounds of arrest memo Ex.P 11 was also prepared by Inspector Sarabjit Singh alongwith a rough site plan and thereafter, the accused was interrogated. On interrogation, the accused was informed that he used to supply fake currency notes and heroin to co-accused Sukhwinder Singh and Resham Singh (who have been declared proclaimed offender), after receiving the same from Indo Pak Border and they used to sell it further. He also informed that both the accused persons could be apprehended, if the police party hold a Naka at a place disclosed by him. In the meantime, Joginder Singh alias Kali son of Hakam Singh, resident of village Jhanggar Bhaini came there and joined the police party and after some time, car bearing registration No.PB-57-A 3328 was seen coming from Fazilka side and the police party stopped the car and on inquiry the driver disclosed his name as Sukhwinder Singh alias Sukha and the other person disclosed his name as Resham Singh. When DSP Raghbir Singh told those accused that they had suspicion about some intoxicant material and search was to be conducted, the accused were also informed that they had legal right to get the search conducted in his presence or in the presence of some other Gazetted Officer, they (accused) reposed confidence in him and accordingly, consent memo of accused Sukhwinder Singh Ex.P13 and Resham Singh Ex.P14 were prepared and on conducting the search, heroin wrapped in a glazed paper of 50 grams each was recovered from them, out of which two samples of 5 grams each were separated and kept in a plastic box and all the parcels were sealed. The other formalities were also completed and thereafter, the police returned to police station along with accused persons and the recovered contraband.

(3.) After completion of the investigation, the report under Section 173 Cr.P.C. was submitted in the Court. Vide order dated 18.11.2010, accused Sukhwinder Singh and Resham Singh were declared proclaimed offender. Appellant-Sucha Singh faced trial and charges were framed against him under Sections 21 of NDPS Act and 489(b) and 489(c) IPC.