GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 24.04.2017 and 25.04.2017 rendered by the learned Judge, Special Court, Bathinda, in Case No.NDPS/419/2014 whereby appellant, who was charged with and tried for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") has been convicted thereunder and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs.1,50,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one and half year.

(2.) The case of the prosecution in a nutshell is that on 16.02.2013, when ASI Piara Singh along with police party was present near the bridge of minor canal in the area of village Natt, they found that one young man was sitting with two plastic bags. The mouth of one plastic bag was lying open and accused had put his hands inside the other plastic bag. He was apprehended by the I.O. I.O. enquired antecedents of the accused. I.O. gave option to the accused that he had a legal right to get the search of his plastic bags carried by him, conducted in the presence of a Magistrate or a gazetted officer. Accused reposed faith in him. I.O. had prepared his consent memo. I.O. allotted No.1 and 2 to the plastic bags. On checking of plastic bag No.1, 300 vials of Rexcof were recovered and the I.O. separated one vial as sample. On checking of second bag, 100 vials of Rexcof and 1200 strips of Alprazolam tablets, each strip containing 10 tablets, total 12000 tablets and 500 tablets of Carisoma, contained in 50 strips, were recovered. I.O. took one vial of Rexcof, one strip of Alprazolam and one strip of Carisoma as sample. He prepared two sealed parcels of samples. The bulk contraband was sealed. I.O. sent ruqa, on the basis of which FIR was registered. I.O partly filled up Form No.M-29 at the spot. The entire case property was produced before ASI Avtar Singh, officiating SHO. He verified the same. He put his seal impression AS. The SHO produced the case property before the Area Magistrate. He submitted an application for depositing bulk parcel in NDPS Godown and application for destruction of bulk parcel of case property. As per the order of Court, the bulk parcel of case property was deposited in the NDPS Godown, whereas the sample parcel along with seal impression, Form No.M-29 were got deposited in the office of FSL, Mohali. FSL report was received. The challan was put up after completing all the codal formalities.

(3.) The prosecution examined as many as 5 witnesses. Statement of appellant was recorded under Section 313 Cr.P.C. Appellant also examined DW-1 Lakhvir Singh in support of his case. The appellant was convicted and sentenced, as noticed hereinabove. Hence this appeal.