MOHD RAMZAN @ HERO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 08.08.2016 passed by the Special Judge, Sangrur vide which the appellant was convicted under Section 22(a) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') for keeping in possession 1.22 gms of Alprazolam salt contained in 10 tables as well as under Section 22(b) of the NDPS Act for keeping 100 mls of Codeine salt contained in one vial of Rexcof syrup. The appellant was sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs.5,000/- under Section 22(a) of the NDPS Act and in default of payment of fine to further undergo rigorous imprisonment for a period of 03 months and further sentenced to undergo rigorous imprisonment for a period of 04 years and to pay a fine of Rs.10,000/- and in default thereof to further undergo rigorous imprisonment for a period of 06 months under Section 22(b) of the NDPS Act. It was further ordered that both the sentences will run concurrently.

(2.) Brief facts of the case are that on 16.08.2014, SI Amarjit Kaur along with other police officials were present in the area of her Police Station on private vehicles and when the police party was 20 yards behind Raikot bus-stand and were proceeding from Satta Chowk to Raikot Railway crossing, they saw the accused person coming on a motorcycle from Berian Wala Mohalla side carrying a plastic bag. On seeing, the police party, he got perplexed and tried to turn back and thereafter, he was stopped and apprehended by the police. He disclosed his name as Mohd. Ramzan @ Hero. The Investigating Officer disclosed her identity and conveyed him the desire of being searched as there were apprehension that he is carrying some intoxicating material. He was also informed about his legal right to be searched before a Magistrate or the Gazetted Officer. On this, the accused reposed faith in her and his consent memo was prepared which was thumb-marked by him. Thereafter, on search of the bag, 15 vials of Rexcof syrup of 100 ml each and 100 strips of Alprazolam each containing tables and 1137 strips of Proxyvon capsules each containing 8 capsules and a strip of 4 capsules of Proxyvon, total 9100 capsules, were recovered. Thereafter, two samples from each contraband were separated and sealed as sample parcel and the remaining bulk was also sealed by the Investigating Officer with her seal bearing impression 'AK'. A sample seal chit was also prepared and the seal was entrusted to ASI Jagjit Singh. Since, the accused could not produce any licence or permit for keeping the said articles in his possession, a ruqa/written complaint was sent to the police station through HC Anayat Khan for registration of the case on the basis of which a formal FIR was registered by ASI Jagtar Singh and the recovered articles along with motorcycle bearing registration No.PB-13P-1433 make Victor was taken into possession vide seizure memo and the accused was arrested and intimation regarding his arrest was sent. Thereafter, his arrest memo was prepared which was attested by the official witnesses and his personal search was also done vide separate recovery memo. The site plan was prepared and a report under Section 57 of the NDPS Act was also prepared at the spot.

(3.) On return to the police station, the case property was produced before SI Mandhir Singh who verified the facts and on his satisfaction, he put his seal bearing impression 'MS' thereon and on his direction, the case property was deposited with MHC Gurmeet Singh. Thereafter, on the next day, the case property and the accused were produced before the Illaqa Magistrate and the representative samples of each contraband were drawn after opening the bulk parcels and the same was resealed in presence of the Illaqa Magistrate and the representative samples with seal bearing impressions 'RK/AK' was done, the photographs were also taken and an inventory was also prepared. The Magistrate passed an order to deposit the case property in the Judicial Malkhana, however, the same could not be deposited on the same day as the order of the Magistrate was not made available and it was deposited on 20.08.2014. Total 06 parcels were deposited in the Judicial Malkhana and the remaining case property was deposited in the police malkhana as there was shortage of space in the judicial malkhana.