SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of conviction and order of sentence dated 02.02.2016 passed by the Judge, Special Court, Gurdaspur whereby appellant was convicted for the offence under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.40,000/- along with default clause.

(2.) Prosecution story started with the allegations that on 21.01.2012, the police party headed by ASI Baldev Raj was on patrolling duty in order to search for miscreants. When the police party was present at bridge Awankha, then a clean shaven person was seen coming. On seeing the police party, he turned back and threw envelope by taking out the same from his pocket. He was apprehended on the basis of suspicion by ASI Baldev Raj with the help of his companions. On being asked the said person disclosed his name as Sukhjinder Singh son of Mukhtiar Singh.

(3.) Concededly, before checking of the envelope thrown by the appellant, no independent witness was joined. According to prosecution nobody joined the investigation showing their own compulsions. The envelope was opened and checked by ASI Baldev Raj in the presence of his companions and intoxicant powder was found present in the said envelope. Two samples of 10 grams each were drawn and were taken into separate boxes. Remaining intoxicant powder was found to be 230 grams. The parcels of the sample and remaining bulk were prepared separately. ASI Baldev Raj put his seal impression as 'BR'. Parcels were taken into police possession. Seal after use was handed over to HC Jagdish Singh. On the basis of information given by ASI Baldev Raj, FIR in question was registered. The case property was handed over to SHO, who also affixed his seal impression as 'HS' on the three parcels and kept the same in double lock. On the next day, accused and the case property were produced before the Magistrate. The case property was seen and was ordered to be deposited in official malkhana. Accused was remanded to judicial custody. Sample parcel was sent to office of Chemical Examiner. On analysis, the same was found to be containing Dextropropoxyphene with percentage of 24.44%. After completion of investigation challan was presented.