SUKHDEEP SINGH @ GOLDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment dated 5.12.2015 passed by Judge, Special Court Tarn Taran, vide which he had convicted accused Sukhdeep Singh @ Goldi, for an offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act'), and sentenced him to undergo rigorous imprisonment for a period of 1-1/2 years, besides paying fine of Rs.15,000/-, in default of payment of fine to undergo further simple imprisonment for three months.

(2.) Briefly stated, the allegations as per the prosecution story are that on 6.9.2012, a Police Party from Police Station Sadar, Tarn Taran, being led by ASI Vipan Kumar (hereinafter referred to as 'the Investigating Officer/IO') was travelling in a private vehicle and was on official duty in connection with patrolling and checking of bad elements. When the vehicle carrying Police Party had reached the area of Roore Aasal side, then accused was spotted coming on foot from village Roore Aasal carrying a polythene bag in his right hand. On seeing the Police Party he got nervous and immediately threw the polythene bag being carried by him in his right hand towards the left side in the paddy fields and sat down on the road side on the pretext of urinating. He was apprehended on the basis of suspicion. The Investigating Officer tried to join independent witnesses with the Police Party but none was ready. At the asking of the Investigating Officer the accused picked up the polythene bag, which he had thrown away earlier, from the ground and produced it before the Investigating Officer. On being checked it was found to contain intoxicant powder which on being weighed came out to be 250 grams. Sample therefrom was drawn as per law. Then the polythene bag containing the residue intoxicant powder and the sample drawn were converted into parcels, sealed with the seal of the Investigating Officer having impression 'VK'. Then the same were taken into possession vide recovery memo. The accused was arrested in this case as per law after completing necessary formalities. Ruqa was sent to the Police Station, on the basis of which formal FIR was registered. The Investigating Officer recorded the statements of the witnesses, prepared site plan of the place of recovery. On return to the Police Station, the Investigating Officer produced the accused alongwith the case property before SHO Nirmal Singh who verified the investigation, put his own seal on the sample parcel and parcel containing residue intoxicant powder. The accused alongwith the case property were produced before the Illaqa Magistrate, who passed the order on the request application of the Police. On return to the Police Station, the case property was produced before Nirmal Singh, SHO, to enable him to get its custody. During the course of investigation, sample parcel was sent to the office of Chemical Examiner and report therefrom was received in affirmative.

(3.) After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court.