KULWINDER KUMAR @ BONA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant challenges the judgment of the learned Judge, Special Court, Hoshiarpur, dated June 04, 2015, by which he has been convicted for the commission of an offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1885 (in short "the Act") and thereafter sentenced to undergo 10 years rigorous imprisonment, along with a fine of Rs.1 lac to be paid by him, in default of which he has to further undergo rigorous imprisonment for 2 years.

(2.) The facts leading up to the conviction of the accused are that, as per the prosecution, on 03.05.2013, ASI Kulwinder Singh and Head Constable Gurdeep Singh, along with other police officials, are stated to have been patrolling near the Bus-Stand of village Badala Mahi, when, from the side of village Kathar, one clean shaven person is stated to have been seen coming, who on seeing the police party is stated to have turned away. On suspecting him (of the commission of an offence), the ASI apprehended him with the help of the remaining police party and on asking for his name, was told that he was Kulwinder Kumar, resident of Ward no.1 Sham Chorasi. ASI Kulwinder Singh is stated to have disclosed his identity to the appellant, giving therein his name and rank and also informing him that it was suspected that he was carrying some narcotic material with him, for which his search was to be conducted, and that he could get his search conducted either in the presence of a Magistrate or a gazetted officer, who could be called to spot. However, the appellant is stated to have 'reposed faith' in the ASI and is stated to have signed a statement, consenting that his search be conducted by the ASI.

(3.) Further as per the case of the prosecution, the Assistant SubInspector tried to join witnesses from the public, with none ready to participate in the process, after which he is stated to have conducted the search of the appellant. From the right pocket of his pants, a plastic envelope was said to have been recovered, containing white powder. The appellant is stated to have told the police party that it was intoxicant powder, upon which two samples of 5 grams each are stated to have been drawn and weighed on an electronic scale, with the remaining powder found to be 160 grams.