GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction dated 21.05.2004 convicting the appellant for offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') as well as the order of sentence dated 22.05.2004 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 01 month.

(2.) Brief facts of the case are that on 11.04.2002, ASI Kundha Singh alongwith his co-officials on private scooters was going from Takhtuwala towards village Mudarpur Sanghera while on patrol duty and when the police party reached near dam of river in the area of village Sanghera, they saw a man coming ahead who was carrying a bag containing something on his head. On seeing the police party, he became perplexed and tried to turn back and on suspicion, ASI Kundha Singh apprehended him with the help of his co-officials. Thereafter, he disclosed his name as Gurmeet Singh @ Budhi son of Shingara Singh resident of Mudarpur. In the meantime, Baru Ram son of Sant Ram resident of Boghewala came from the side of village Sanghera and ASI Kundha Singh joined him in the police party. ASI Kundha Singh told Gurmeet Singh that in the bag carried on his head, some intoxicating substance was suspected and its search was to be conducted. He further informed him that he had as right to be searched before a Gazetted Officer or Magistrate but the accused - Gurmeet Singh reposed confidence in him and thereafter, consent memo of accused was prepared and the same was thumb marked by accused and witnessed by witnesses. Thereafter, on search of the bag, poppy straw was found. Sample of 250 grams was drawn from poppy straw and its parcel was prepared and the remaining poppy straw on being weighed came to 10 Kgs. And thereafter, its parcel was prepared. Parcel of sample and of remaining poppy straw were sealed by ASI Kundha Singh with his seal 'KS' and separate sample seal was also prepared. Thereafter, the seal was entrusted to HC Kashmir Singh. The entire case property alongwith sample seal was taken into possession vide recovery memo. Personal search memo of the accused was also prepared. ASI Kundhan Singh had prepared ruqa and the same was sent to Police Station and thereafter, FIR was registered. Rough site plan of place of recovery was prepared. Accused was formally arrested and his arrest memo was prepared. On return from place of recovery, accused and items of the case property were produced before SI Satpal Singh, SHO. P.S. Kot Ise Khan, who had sealed both the parcels with his seal 'SS'. He had also put impression of his seal on sample seal. He took items of case property and sample seal in his possession and the accused along with the case property was produced before the Court. Thereafter, sample was sent to Analysis Laboratory and on receiving the report, the challan under Section 173 of the Code of Criminal Procedure (in short 'Cr.P.C.') was submitted before the trial Court.

(3.) On presentation of the challan, charge under Section 15 of the NDPS Act was framed against the accused on 29.08.2002, to which he did not plead guilty and claimed trial.