JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal filed by Jaswinder Singh against the judgment dated 19.01.2017 passed by Judge, Special Court, Sangrur, convicting the appellant for the offence punishable under Sec. 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and awarding sentence to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000.00 and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 22.12.2012, ASI Avtar Singh of CIA Staff, Bahadur Singh Wala along with his police party was going on patrolling and checking of suspected persons from village Changal to village Badrukhan. At about 3.30 p.m., when the police party reached at the bridge of drain within the revenue limits of village Badrukhan, they observed the appellant carry a polythene bag in his right hand. On witnessing the police party, he became perplexed and turned back but was apprehended on the basis of suspicion. ASI Avtar Singh apprised him of his suspicion that bag carried by the appellant was containing some contraband and made him aware of his legal right to get his search conducted before a Gazetted Officer or a Magistrate. The appellant reposed confidence in ASI Avtar Singh and consent memo Ex.PA was prepared, which was signed by the appellant and other witnesses. On search, the bag was found containing 1Kg of opium wrapped in a glazed paper, out of which, 2 samples of 20 gms each were separated. Parcels of samples and remaining opium were prepared and sealed with seal of ASI Avtar Singh bearing impression 'AS'. Sample seal Ex.P1 was prepared separately and along with samples of contraband and remaining opium, was taken into possession vide recovery memo Ex.PB. Ruqa Ex.PC was sent to the police station, whereupon formal FIR Ex.PC/1 was registered at Police Station Longowal. On personal search of the appellant, currency notes of Rs.150.00 were recovered from his pocket, which were taken into possession vide memo of personal search Ex.PD. Arrest memo of appellant Ex.PE was prepared at the spot. Rough site plan of the place of recovery Ex.PF with correct marginal notes was prepared. On returning to the police station, appellant and the case property were produced before Inspector Subeg Singh, SHO Police Station Longowal, who checked the case property, verified the facts and then put his seal bearing impression 'SS' on all the parcels and sample seal chit. He also attested samples seals. Under his direction, case property was deposited in malkhana with MHC Rajwant Kumar with seal intact.

(3.) On the next day i.e. 23.12.2012, case property was produced before Chief Judicial Magistrate, Sangrur with application Ex.PG upon which Chief Judicial Magistrate passed order Ex.PG/1. He also attested sample seal sheet and the seals on the parcels of samples and remaining case property vide order Ex.PH. Sample was later on sent to the chemical examiner and vide report Ex.PJ, it was found to be that of opium. After completion of investigation, challan against the appellant was prepared and presented before the Court.