GURNAM SINGH ALIAS GAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of the above two appeals as both the said appeals arise out of the same impugned judgment dtd. 31/1/2011 passed by Special Court, Jalandhar, vide which both the appellants namely Gurnam Singh alias Gama and Kashmir Singh have been held guilty of having committed offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and have been sentenced to undergo R.I. for 15 years along with a fine of Rs.1,00,000.00 each.

(2.) The case of prosecution, in nutshell is that on 28/10/2009 the police party headed by Sub Inspector Angrej Singh was present in the area of Shastri Market Chowk, Jalandhar when a secret information was furnished by SP(H) Satinder Singh in respect of the accused. Upon receipt of the said information Sub Inspector Angrej Singh held a 'naka' at 'T' Point, Ranjit Nagar, Ladowali Road. Subhash Chander son of Anand Ram who met the police party was also associated. It is case of prosecution that at about 12.10 P.M. one Indica car bearing registration No.PB-10-CG-2895, which came from the side of BSF Chowk was intercepted. The driver and the accompanying passenger were asked to come out of the car. While the driver was empty handed, the passenger sitting by his side had kept a heavy bag on his thighs. Upon inquiry, the driver disclosed his name as Kashmir Singh and the passenger disclosed his name as Gurnam Singh alias Gama. Since it was suspected that the said persons were carrying some contraband in their bag, therefore, offer in terms of Sec. 50 of NDPS Act was extended to them that in case they want their search to be effected in the presence of some Magistrate or a Gazetted Officer then arrangement could be made for the same. Both the said persons opted to be searched in the presence of a Gazetted Officer, upon which DSP(H) Rajjit Singh was requested to reach at the spot. He reached there in 10 minutes. The DSP(H), after introducing himself to the accused apprised them of their right to be searched before some other Gazetted Officer or a Magistrate but the accused reposed faith in the DSP(H). Under the instructions of the DSP(H), search of the bag carried by the accused was conducted which yielded recovery of 5 kgs of heroin. Two samples weighing 10 gms each were separated from the same and packed into parcels and were duly sealed. The remaining heroin was separately packed into a parcel and sealed. Investigating Officer Angrej Singh as well as the DSP(H) affixed their seals bearing impression 'AS' and 'RS' on the sample parcels as well as on the parcel containing the remaining recovered heroin. Sub Inspector Angrej Singh handed over the seal after use to Assistant Sub Inspector Arjan Singh. However, DSP(H) Rajjit Singh kept the seal with himself.

(3.) Both the accused were arrested vide arrest memos Ex.P-11 and P-12 which were duly signed by accused Kashmir Singh and Gurnam Singh alias Gama. A ruqa (Ex.P-14) wherein all the proceedings conducted at the spot were detailed, was sent to the Police Station on the basis of which FIR (Ex.P-15) was recorded by Assistant Sub Inspector Balbir Singh. Rough site plan Ex.P- 13 of the place of occurrence was prepared. The case property was deposited in the malkhana with MHC Daljit Kumar. On the next day, the case property was produced before the Ilaqa Magistrate and after verification the same was deposited back with the MHC. The sample parcels were sent for analysis to FSL, Punjab, Chandigarh and as per report Ex.PZ the contents of the same were found to be heroin. Upon conclusion of investigation, challan was presented in the Special Court, Jalandhar on 12/3/2010. The learned Special Court upon finding that the facts prima facie disclosed commission of offence punishable under Sec. 21 of NDPS Act, framed charges against the accused to which the accused pleaded not guilty and claimed trial.