SIKANDER SINGH @ RINKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has faced trial in FIR No.252 dated 27.11.2014 registered at Police Station City Kotkapura under Section 21/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Learned Judge, Special Court, Faridkot vide judgment dated 11.11.2016 convicted the appellant for commission of offence under Section 21/61/85 of the Act and vide order of even date, he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lakh and in case of default of payment of fine to undergo rigorous imprisonment for one year.

(2.) Brief facts of the case are that, on 27.11.2014, ASI Balwant Singh, ASI Angrej Singh and other police officials were patrolling in a private vehicle. Near Cardboard Factory Sikhawala Road, Kotkapura they saw a person coming on foot. On seeing the police party, he became perplexed and turned towards Cardboard Factory. He was apprehended by police officials. On enquiry he disclosed his name as Sikander Singh @ Rinku son of Baljinder Singh, resident of old city Street No.3, Dr. Dalip Singh Street Kotkapura. He was having a plastic bag in his right hand.

(3.) Before conducting the search, IO introduced himself and made him aware about his legal right to get himself searched in presence of Gazetted officer or Magistrate. He signed the consent memo which was attested by ASI Angrej Singh and Head Constable Karamjit Singh. As he posed confidence in IO, the search was conducted. On search from the plastic bag 490 gms of intoxicating powder wrapped in a polythene envelope was recovered. Two samples of 5gms each were separated and remaining 480 grams of powder was converted into separate bulk parcel. All the three parcels were sealed and seal bearing impression 'BS' was put. Seal after use, was handed over to ASI Angrej Singh. All the parcels alongwith form No. M-29 were taken into possession by the IO. Recovery memo was prepared which was attested by ASI Angrej Singh and Head Constable Karamjit Singh. The intoxicating powder was containing Alprazolam. A ruqa was sent to the Police Station through Constable Rajwinder Singh. On the basis of ruqa a formal FIR was recorded. Accused was arrested and site plan of the place of recovery was prepared. Statement of witnesses were recorded. On the next date, case property alongwith the accused was produced before the Judicial Magistrate Ist Class, Faridkot, and inventory was got attested. After receipt of report of the Chemical Examiner, challan was presented in the Court. Compliance of Section 207 Cr. P. C. was made. The prosecution examined four witnesses and photographs were exhibited as P2 to P4. Statement of the accused under Section 313 Cr. P.C., was recorded. He pleaded he was innocent. In defence, the accused examined DW1 Hoshiar Singh only.