MOHAN GOYAL @ SONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 07.05.2016 rendered by the Judge, Special Court, Bathinda in Sessions Case No.111 of 2012 whereby the appellant, who was charged with and tried for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.1,50,000/- and in default to further undergo rigorous imprisonment for a period of two years.

(2.) The case of the prosecution in a nutshell is that on 22.09.2011 ASI Kirpal Singh, CIA Staff, Bathinda along with police party was on patrol duty in a government vehicle. They were going towards railway station, Bathinda through Mal Godown road. When police party reached near Shiv Mandir then accused present in the Court was seen coming from the railway line. He was carrying a card board box on his head. When he saw the police party he tried to go back. But he fell down. The card board box fell on the footpath. Some vials came out of the box. On suspicion the vehicle was stopped and the accused was apprehended with the help of police party. Meanwhile Sonu Sharma alias Kochhi reached the spot. He was joined in police party. The accused disclosed his name as Mohan Goyal r/o Sirsa. ASI Kirpal Singh checked the said box. After collecting the scattered vials from the ground and those in the box the total was 190 vials of Rexcof each of 100ml having batch No.A-1326. The accused failed to produce the bill for the same. ASI Kirpal Singh took one vial as sample. He prepared a sample parcel and also prepared bulk parcel of the reamining recovered rexcof vials and sealed both the parcels with his seal bearing impression 'KS'. Sample seal Ex.PW4/A was prepared separately. Seal after use was handed over to HC Harinder Singh as private witness Sonu showed his inability to accept it. He then took into possession the entire case property alongwith sample seal vide memo Ex.P1. Accused was personally searched vide memo Ex.P2. He sent ruqa Ex.PW5/A through HC Rajiv Kumar. FIR Ex.PW5/B was registered by ASI Gurinder Singh. Accused was arrested vide memo Ex.P3. He prepared rough site plan Ex.PW5/C. On return to police station he produced accused alongwith entire case property, sample seal and personal search before officiating SHO SI Pal Singh vide entrustment memo Ex.PW4/B. The samples were sent for chemical examination. On receipt of the report and completion of formalities challan was presented.

(3.) The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. He denied the allegations levelled against him and pleaded false implication. He stated that nothing was recovered from him. He was apprehended from Railway Station in late hours. No statement of any Railway employee or passenger was recorded in the case. Some altercation had taken place between him and ASI Kirpal Singh. In defence, he examined DW1 HC Sparan Singh.