RAJU JUNEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Custody certificate of the appellant is taken on record.

(2.) The accused-appellant Raju Juneja has faced the trial in FIR No.128 dated 14.10.2010 under Section 22 of the NDPS Act, registered at Police Station Division No.3, Jalandhar.

(3.) The brief facts of the case are that on 14.10.2010, ASI Subhash Chander, Police Station Division No.3, alongwith the officials was present at Kishanpur Chowk, Jalandhar where accused Raju Juneja was seen coming on a motorcycle No. PB-06-C-8347 coming from the side of Lamma Village. On seeing the police party, he tried to turn back and ran away, but on suspicion he was nabbed. He was interrogated and the ASI, on suspicion that he was carrying some intoxicant, searched him. The accused was apprised of his right to opt for his search before some Magistrate or Gazetted Office, however, he reposed confidence in him and opted to be searched by him as per the consent memo (Ex. P-1) prepared at the spot. Thereafter, the personal search of the accused was conducted by the said ASI, which led to the recovery of 260 gms of intoxicant powder wrapped in a polythene bag kept in the right pocket of his trouser. Two samples of 5 gms each was separated and two separate parcels were prepared and the residue was put in another third container and thereafter the sample was also sealed with mark SC and the third parcel was also sealed. The seal was thereafter handed over to the HC Ramesh Kumar. Motorcycle was also taken in possession. Thereafter, the FIR was registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS'). Later on, the investigation was completed and report under Section 173 Cr.P.C., 1973 was submitted before the Court and charge under Section 22(c) of the Act was framed against the appellant-accused.