JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above named appellant has preferred this appeal against the judgment of conviction and order of sentence dated 13th July, 2015 vide which he was convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine in the sum of Rs.1,00,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) Briefly stated, it is a case of prosecution that on 31.01.2013 at about 04:45 PM, ASI Pavittar Singh (PW-5) accompanied by other police officials was present at the place of recovery. They waylaid the accused/appellant who was driving a motorcycle. The Investigating Officer suspected that the appellant had some contraband in his possession as well as in the plastic bag carried by him on his motorcycle. He apprised the accused of his legal right to get his search or search of his bag conducted in the presence of a Magistrate or a Gazetted Officer. However, accused reposed confidence in the Investigating Officer. On the search of the bag, same led to recovery of 28 pouches each 100 tablets of phenotil, 6 strips each of 10 tablets of alprazolam, 59 strips each of 10 tablets of Diazepam, 13 strips each of 10 capsules of the parvonspas. Then two pouches each of 100 tablets of the phenotil, two strips each of 10 tablets of Alprazolam, 2 strips each of the 100 tablets of Diazepam, two strips each of 10 capsules of the parvonspas, were separated, respectively, from the said drugs as samples of the same. The bulk of contraband drugs was put in the same plastic bag and was sealed with seal bearing impression 'PS'. The samples were also sealed separately and were sealed with seal impression 'PS'. The sample of seal as Ex.PA was prepared separately. The sealed sample parcels and sealed bulk parcel along with sample seal were taken in possession vide memo Ex.PB. However, seal after use was handed over to HC Karamjit Singh.

(3.) On return to the police station. The case property along with the accused was produced before the SHO Darshan Singh, who also put his seal having impression 'DS' on each parcel. Thereafter, case property was deposited with the MHC (Mohrar Head Constable) who was incharge of the store room. The sample sent to Forensic Science Laboratory which opined that the parcel contained Discyclomine hydrochloride-9.4 mg/cap, Dextropropoxyphene hydrochloride-64.5mg/cap, Paracetamol399.6mg/cap; in the second parcel Diphenoxylate hydrochloride2.3mg/tab, Atropine sulphate-0.023mg/tab; Parcel No.3 contained Alprazolam-0.45mg/tab and parcel No.4 contained Diazepam-4.8mg/tab.