VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused is in appeal against the judgment of conviction and order of sentence passed by the Additional District Judge, Shaheed Bhagat Singh Nagar and FIR No.260 dated 24.09.2009 under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act of 1985'). The appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- or in default of payment of fine, further undergo rigorous imprisonment for a period of 2 years.

(2.) The case setup by the prosecution is that Sub Inspector Lakhvir Singh alongwith Sub Inspector Parminder Singh and other police officials had laid a naka at Bus Stand Khata Kalan. The accused came down from a transport bus coming from the side of Banga City. He was carrying a bag around his neck. On seeing the Police, he became perplexed and started moving towards the metalled road on the left side. Sub Inspector Lakhvir Singh apprehended him with the help of other police official. On being asked, he disclosed his name as Vicky son of Sodhi Ram, resident of Village Dhaingri, Police Station Adampur, District Jalandhar. During this time, one Mohinder Singh son of Gurmit Ram also came on the spot and joined the police party. Sub Inspector Lakhvir Singh disclosed his identity with rank and post to Vicky, the accused-appellant and Lakhvir Singh disclosed to the accused-appellant that it is suspected that he is carrying some contraband in the bag and his search is to be conducted. The appellant was apprised of his right to get the search conducted in the presence of a Gazetted Official or a Magistrate. Vicky opted for search in the presence of the Gazetted Official. A dissent memo was recorded, which was signed by the appellant. Thereafter, the Deputy Superintendent of Police, Satinder Pal Singh was requested to come to the spot on telephone. On arrival of the Deputy Superintendent of Police, Satinder Pal Singh, who also disclosed his identity and post, Vicky reposed confidence in the Deputy Superintendent of Police and his consent memo was recorded. On search of the bag which was being carried by Vicky, charas was recovered. Two samples of 10 gms each were taken out and remaining narcotic on weighing came out to be 2 kg and 980 gms. The parcels of the samples as well as remaining narcotics were prepared which were sealed by the Investigating Officer, Lakhvir Singh, Sub Inspector with his seal LS and thereafter by Deputy Superintendent of Police with his seal SPS. A specimen seal impression was prepared separately. Form No.29 was filled up and Investigating Officer gave his seal after use to SI Parminder Singh and Deputy Superintendent of Police kept his seal with him. The case property was taken into possession vide a separate recovery memo. The accused could not produce any licence or permit to keep 3 kg of charas in his possession. The information was sent to the Police Station for registration of First Information Report, which was registered. Rough site plan of the place of recovery was also prepared. The police party alongwith accused came to the Police Station and presented the accused alongwith duly sealed samples and remaining narcotics alongwith all documents before the Station House Officer, Sarwan Singh. Next day i.e. on 25.09.2009, the accused and the case property alongwith other documents were produced in the Court.

(3.) On receipt of report of the Chemical Examiner and the completion of the investigation, the challan was presented in the Court.