GURJANT SINGH @ BUNTY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurjant Singh @ Bunty son of Major Singh, resident of Bharo Patti, Nagra, Tehsil Bhawanigarh, District Sangrur has filed the present appeal against the judgment of conviction and order of sentence dated 01.12.2016 in a case arising out of FIR No.95 dated 19.10.2014 under Sections 18/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act, 1985"). The appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 1 ' years (i.e. 18 months) and to pay a fine of Rs. 10,000/- and in default of payment of fine, further undergo rigorous imprisonment for additional period of three months.

(2.) As per the prosecution story, on 19.10.2014, Major Singh, Assistant Sub Inspector alongwith Karamjit Singh, Assistant Sub Inspector and other police officials were going from Village Bhindran to Village Ghabdan on a private vehicle in connection with patrolling and checking of the suspected persons. When the police party reached at Canal Bridge at about 4:45 PM of Village Bhindran, one person was seen coming from the side of Village Ghabdan, carrying a plastic bag in his right hand. On seeing the police party, he became perplexed and turned towards the pavement of the canal. Major Singh, Assistant Sub Inspector became suspicious and got stopped the vehicle, apprehended the person with the help of the other police officials. On inquiry, the person disclosed his name as Gurjant Singh son of Major Singh, resident of Bharo Patti, Nagra, Tehsil Bhawanigarh, District Sangrur.

(3.) Major Singh, Assistant Sub Inspector disclosed his identity to the appellant and informed him that he suspects some intoxicant substance in the plastic bag being carried by him and he wanted to conduct a search of the same. The appellant was also apprised of his legal right of search in the presence of some Gazetted Officer or some Magistrate who could be called at the spot by the Investigating Officer but the appellant reposed faith in him. The consent memo was recorded, signed by the appellant and witnessed by Karamjit Singh, Assistant Sub Inspector, and Ranjit Singh, Head Constable. Thereafter, the Investigating Officer conducted the search of the plastic bag which led to the recovery of opium wrapped in a polythene envelope. Two samples of 10 gms each were drawn from the recovered opium and put into two small plastic boxes and converted into the parcels. On weighing the remaining opium alongwith polythene bag came to be 580 gms, which were put into a separate plastic box and converted into a parcel. Both the sample parcel and bulk parcel were sealed by the Investigating Officer with his seal bearing impression 'MS'. Specimen seal chit was prepared on Form-29 and seal after use was handed over to the Assistant Sub Inspector, Karamjit Singh. The entire case property was taken into police possession and a recovery memo was prepared. A ruqqa was sent to the police station through Head Constable Jagtar Singh. On the basis whereof, FIR was registered. From the personal search of appellant, Rs. 110/- were recovered. The appellant was arrested and information was sent to the Ex-Sarpanch Balvir Singh resident of Village Nagra on his mobile.