BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appeal is directed against the judgment dated 15.09.2015 passed by the Special Judge, Fatehgarh Sahib who convicted and sentenced the appellant to 5 years rigorous imprisonment along with fine of Rs.50,000.00 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').

(2.) Brief facts in nutshell are as follows.

(3.) A police party headed by ASI Amar Singh was present near main gate of Maharaja Aggrain Park on 21.12.2012 in the area of Mandi Gobindgarh for patrol duty. They saw a person coming on foot from the side of main GT Road. On seeing the police party, he tried to turn but was apprehended. On inquiry he revealed his name as Balwinder Singh. The police party suspected the accused to carry some contraband and apprised him of his right to be searched by a Gazetted Officer or a Magistrate. The accused reposed confidence in the police officer and gave his consent. The police made efforts to join independent witness but no one obliged them. The accused gave his consent and reposed confidence in the Investigating Officer. The accused was searched which led to recovery of intoxicant from the transparent bag in the right pocket of the pant worn by the accused. Two samples of 10 gms each of intoxicant powder were separated. On weighing, the recovery was found to be 240 gms of intoxicant powder. The samples and the remaining bulk were sealed by ASI Amar Singh with his seal of 'AS'. The seal after used was handed over to HC Shamsher Singh. Thereafter ruqa was sent to the police Station.