KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 08.11.2016, vide which the appellant has been held guilty of offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') as he was found in possession of 522 intoxicant tablets containing the salt of Diphenoxylate hydrochloride, weight of which as per the report of chemical examiner (Ex. PM), is 34.452 gm. As per provisions of the Act, 50 gm and above is commercial quantity and since the appellant was found in possession of non-commercial quantity, he was awarded sentence of rigorous imprisonment of 03 years and to pay a fine of Rs.30,000/-. In default of payment of fine, to further undergo rigorous imprisonment for 06 months.

(2.) Brief facts of the case are that on 15.03.2014, ASI-Balkar Singh along with his co-officials, while on patrol duty, was present on a bridge on Sanauri Road, Patiala. One clean shaven boy was seen coming on foot from Sanauri side and on seeing the police party, he tried to turn back and run away. On suspicion, he was apprehended by the police and informed his name as Kala son of Prem. ASI-Balkar Singh disclosed his identity to the accused and informed that he has suspicion that he has carrying some narcotics in his possession and informed him about his right to be searched in presence of a Gazetted Officer or Magistrate. The accused reposed confidence in ASI-Balkar Singh and after recording his consent statement Ex.PA, attested by HC-Ajaib Singh and HC Sarabjit Singh, his search was conducted and 522 tablets were found in a polythene paper from his right side pocket. Out of which, two samples of 10 tablets each were separated and sealed as sample parcels vide memo Ex.P1 and the remaining residues were also sealed vide memo Ex.PB. Thereafter, after completing the formality at the spot, Ruqa Ex.PC was sent to police station and formal FIR Ex.PW2/A was registered. Thereafter, the accused was arrested and he was produced before SI Vasdev Singh, SHO of Police Station Kotwali, Patiala to verify the case property and seal Ex.P1 was prepared. On the next date, the accused was produced before the Illaqa Magistrate. An application for inventory Ex.PJ and an application for depositing the case property Ex.PK was submitted on which the Magistrate passed an order Ex.PK/1 after seen the case property and directing to deposit the same in judicial malkhana. Thereafter, the bulk parcel and sample parcels were deposited in the judicial malkhana and later on, sent to Forensic Science Laboratory (FSL) on 18.03.2014. Thereafter, challan was presented and charge under Section 22 of the Act was framed against the appellant/accused.

(3.) Prosecution examined five witnesses and proved the recovery from the appellant, investigation conducted at the spot and report of FSL Ex. PM. according to which, the total quantity of 522 tablets was 34.452 gm. Thereafter, the trial Court holding the appellant guilty under Section 22 of the NDPS Act, convicted him and further sentenced him 03 years rigorous imprisonment along with fine, vide impugned judgment / order dated 08.11.2016.