KRISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal, under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, the 'Act'), has been filed against the judgment dated 06.04.2018, passed by the Special Court, Fazilka, wherein the appellant has been convicted for a period of 6 months and to pay a fine of Rs. 10,000/- and in default, to further undergo rigorous imprisonment for a period of 2 months, under Section 22 of the Act. The conviction is on account of the recovery of 50 gms of Alprazolam powder from the possession of the accused, after the Special Court found that there was no discrepancy, as such, in the prosecution witnesses, to grant the benefit of acquittal.

(2.) The FIR in question was lodged by Kulwant Singh, ASI on 25.03.2016 at 1 pm, which was also received by the Judicial Magistrate 1st Class, Jalalabad at 3.20 pm, through PHG-Surjit Singh, on the same day. The recovery was in the area of Village Mohkam Arayian, on patrolling being done by the police party on the road situated on the canal. The appellant, seeing the police party, went towards the fields and had been apprehended, at that point of time. On account of suspicion, he had been searched, after being informed about his legal right to get a search conducted in the presence of a Magistrate or a Gazetted officer. Resultantly, 50 gms of powder was recovered from the right pocket pant, which was separated into 2 samples of 10 gms each, to serve as sample and additional sample and the remaining 30 gms was converted into bulk parcel. The same was sealed with seal 'KS' and the form No.M 29 was also prepared along with the seal 'KS'. Ruka was sent, thereafter, to the Police Station for the registration of the FIR and resultantly, FIR No.37 dated 25.03.2016, under Section 22, 61 & 85 of the Act was lodged by Gurjeet Singh, SI.

(3.) Resultantly, an application was moved before the Magistrate to deposit the case property, i.e. one parcel containing intoxicant powder weighing 10 gms and one parcel containing intoxicant powder weighing 30 gms with the seal bearing 'KS/GS' at the Judicial Malkhana, which was allowed on 26.02016 and the accused was produced in custody. The Magistrate noticed that form No.29 was also produced and the same was seen and the inventory report was correct and resultantly, sent the accused to judicial custody, pending investigation.