PARVEEN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Parveen Kumar has filed the present appeal against the judgment of conviction dtd. 17/7/2015 and order of sentence dtd. 20/7/2015 passed by learned Special Court, Pathankot, whereby he was convicted for the commission of offence punishable under Sec. 22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, the NDPS Act) and vide separate order, he was sentenced to undergo rigorous imprisonment for a period of one and half years and to pay a fine of Rs.5,000.00. In default of payment of fine, he was further sentenced to undergo rigorous imprisonment for one month.

(2.) Briefly stated, FIR No.57 dtd. 18/8/2013 under Ss. 21 and 22 of the NDPS Act was registered against the appellant at Police Station Division No.1, Pathankot with the allegations that on 18/8/2013, the police party headed by ASI Rakesh Kumar nabbed the appellant in the area of Shani Mandir, Pathankot when he took out a packet from his pocket and while noticing the police party, he tried to throw it. On search of the polythene bag, 200 grams of intoxicant powder was recovered. Two samples each of 10 grams were separated into two parcels and the residue contraband was put into the third one. The parcels were sealed by ASI Rakesh Kumar with his seal mark RK. He prepared sample Ex.P1 of his seal on form Ex.PX. Seal after use was handed over to HC Baljit Singh. Seizure memo Ex.PW1/A was prepared. Ruqa Ex.PW5/A was sent to the police station which led to registration of FIR Ex.PW5/B under Sec. 21/22 of NDPS Act. Personal search memo Ex.PW1/C and site plan Ex.PW5/C were also prepared at the spot.

(3.) After completion of investigation, challan was presented in the Court. The copies of challan as envisaged under Sec. 207 Cr.PC were supplied to the accused free of costs. On finding a prima-facie case, the appellant-accused was charge sheeted for commission of offence punishable under Sec. 22(b) of the NDPS Act, to which he did not plead guilty and claimed trial.