RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 04.02.2016 passed by the Special Judge, Fatehgarh Sahib, convicting the appellant under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentencing him to undergo rigorous imprisonment for a period of 04 years and to pay a fine of Rs.50,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 06 months.

(2.) This appeal is being pursued by the High Court Legal Services Authority. As per the custody certificate dated 03.02018, filed in the Court today, the appellant/accused has undergone 11 months and 29 days of actual sentence out of 04 years rigorous imprisonment awarded by the trial Court and he is not involved in any other case.

(3.) Brief facts of the case are that FIR No.101 dated 20.09.2012 was registered against the appellant Rakesh Kumar. As per the allegation in the FIR, the police party headed by ASI Deep Singh, on 20.09.2012 was present at a bridge of a canal in the area of Grain Market, Amloh in connection with patrolling and checking of the anti-social elements. The accused was seeing coming from the side of village Haripur on the road along the small canal at about 07:30 pm on foot. On seeing the police party, he became perturbed and tried to return but was apprehended by him along with his co-officials. On enquiry, he disclosed his name as Rakesh Kumar and ASI Deep Singh also disclosed his identity and informed him that he has suspicion that the accused is having some narcotic contraband in his possession and the police want to conduct personal search of the accused. The accused was also informed about his legal right that he can be searched either in presence of a Magistrate or a Gazetted Officer and if, accused so desire, the Magistrate or the Gazetted Officer can be called at the spot. On this, the accused reposed his confidence in ASI Deep Singh and then, he conducted search of the accused which led to recovery of a polythene bag from his right pocket of the pant and 240 gms of intoxicated powder was recovered and out of the same, 02 samples of 10 gms each were taken and separated and sealed and the left-over powder was found to be 220 gms on weighing and a separate bulk parcel was also prepared. All the 03 parcels were sealed by ASI Deep Singh with a seal 'DS' and sample of the parcel was also prepared and the same was taken in possession by preparing separate memos.