PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose off Criminal Appeal No. 1923-SB of 2003 preferred by Pardeep Kumar along with Criminal Appeal No. 1924-SB of 2003 preferred by Nisha and Criminal Appeal No. 2022-SB of 2003 preferred by Neeraj Kumar.

(2.) THREE persons, namely Pardeep Kumar, Nisha and Neeraj Kumar were tried in sessions trial cases No. 36, 37 and 38 of 26th February, 2003. All the three sessions trials have been decided by a common judgment passed by the Special Judge, Ferozepur. All the three were named as accused in case FIR No. 269 dated 16.09.2002 registered at Police Station Abohar under Section 21 of the NDPS Act.

(3.) ON 16th September, 2002 at about 8.40 a.m., police party consisting of Inspector Manvinder Singh PW-3 and other police officials, which included ASI Rachhpal Singh PW-4, was holding nakabandi on a crossing of bye-pass road of Abohar. The car was signaled to stop. Pardeep Kumar @ Bobby made an attempt to speed up the car, but the car struck the brim of the road and halted. All the three accused were apprehended on suspicion. One Rajinder Punia, a public person, who was passing through, was joined as an independent witness. An offer was made to the accused. They gave their consent to be searched from a gazetted officer. Rakesh Aggarwal, IPS officer, who was then posted as ASP Abohar, was called at the spot and search was conducted. From the pocket of Pardeep Kumar @ Bobby, 100 gm of Smack (Diacetylmorphine) was recovered. From the pocket of Neeraj Kumar, 30 gm and from the purse of Nisha, 55 gm of Smack (Diacetylmorphine) was recovered.