LAKHWINDER SINGH @ LEELA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction and order of sentence dated 27.11.2013, 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'), passed by Special Judge, Bathinda and he was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 06 months.

(2.) Brief facts of the case are that on 20.02.2012, PW-3 SI Gurcharan Singh along with PW-2 HC Harbans Singh, PHG Gurmej Singh and PHG Amrik Singh, on a private vehicle, were going from village Teona Pujarian to village Gehle Wala, in connection with police patrolling. When the police party reached one kilometer ahead of village Singhpura, it was noticed that one person was sitting near the room, carrying one plastic envelope and making small packets from the polythene bag. On seeing the police party, he stood up with the polythene bag and on suspicion, he was apprehended by the police party and on asking, he disclosed his name as Lakhwinder Singh (appellant/accused). On opening the bag, some intoxicant powder was found and by taking 50 grams intoxicant powder as sample, the remaining residue, on weighing, came to one kilogram. Thereafter, SI Gurcharan Singh prepared two separate parcels, one for the sample and the other for the remaining residue and sealed both with impression 'GS'. Thereafter, the seal was handed over to HC Harbans Singh. It is further mentioned in the FIR that the police party took the sample parcel as well as the bulk parcels in possession and prepared separate recovery memos which were attested by the witnesses. The personal search of the accused/appellant was also conducted and personal search memo was prepared. Thereafter, the information by way of ruqa was sent to the police station, on the basis of which, a formal FIR was registered against the accused. Site plan of place of recovery was prepared and the statements of witnesses were recorded under Section 161 Cr.P.C. On the next day, the case property was produced before the Illaqa Magistrate. After obtaining the orders of the Illaqa Magistrate, the case property was deposited in the judicial malkhana and the sample parcel was sent to the Chemical Examiner. On receiving the report of the Chemical Examiner, the report under Section 173 Cr.P.C. was prepared and submitted before the Court. The Special Judge, Bathinda, supplied a complete copy of the report under Section 173 Cr.P.C. along with documents as per provision under Section 207 Cr.P.C. to the accused.

(3.) Thereafter, the trial Court vide its order dated 28.08.2012 framed charge under Section 22 of the NDPS Act against the appellant, to which he did not plead guilty and claimed trial.