JASVIR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasvir Singh and Mangal Singh have filed the present appeal challenging judgment dated 16.2.2010 passed by the learned Judge, Special Court (NDPS), Jalandhar whereby they have been convicted for offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short "the NDPS Act ") and have been sentenced to undergo rigorous imprisonment for 12 years and pay fine amounting to Rs. 1,50,000/- each.

(2.) The matter arises out of FIR No.50 dated 9.3.2009, registered under Section 18 of NDPS Act, Police Station Nakodar (District Jalandhar). The allegations, in nutshell, are that on 9.3.2009, when SI Avtar Singh along with other police officials was present in the area of village Heran on Bein bridge in connection with nakabandi, then at 3.15 PM, DSP Amarjit Singh Bajwa came there along with his gunman to check duties. It is alleged that in the meantime a Maruti car bearing registration No.PB-26-A-8118 came from the direction of village Heran which was signaled to stop, in which there were two occupants. Upon inquiry the driver disclosed his name as Jasvir Singh and the passenger sitting by his side disclosed his name as Mangal Singh. One Baldev Singh came at the spot and was associated with the police party. The DSP, after introducing himself to the aforesaid two persons, told them that he is a Gazetted Officer and since it was suspected that they were carrying some narcotics and their search is to be conducted, therefore as to whether they wanted their search to be conducted in his presence or any Magistrate. Both the said persons reposed confidence in him and their statements to the said effect were recorded. Upon their search, both the said persons were found to be carrying opium wrapped in a glazed paper which was tied around their waists with the help of a cloth. Out of the opium recovered from each of the two persons, two samples weighing 10 grams each were separated and the remaining opium as recovered from each of the two persons was found to be weighing 3.980 grams each. The samples as well as the remaining opium was packed into separate parcels. SI Avtar Singh sealed all the parcels with his seal bearing impression 'AS'. DSP Amarjit Singh Bajwa also affixed his seal bearing impression 'AS' on the parcels. While SI Avtar Singh handed over his seal to HC Rajbir Singh, the DSP retained his seal.

(3.) Ruqa Ex.PJ containing details of the aforesaid recovery proceedings was sent to the police station for registration of a case. The accused and the recovered opium were produced before SI Dev Raj at the police station who was officiating as SHO and who upon verifying the facts further sealed the parcels of opium with his seal bearing impressions 'DR' and deposited the said parcels with MHC. One sample each pertaining to opium recovered from each of the two accused was sent to Chemical Examiner for analysis and as per report (Ex.PP) of the Chemical Examiner, the samples were found to be of opium.