GAGANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 29/11/2016, rendered by learned Judge, Special Court, Amritsar, in NDPS Case No. 318 of 2016 dtd. 29/3/2016, by appellant Gagandeep Singh alias Bau. He was charged with and tried for the offence punishable under Ss. 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). He was convicted and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,50,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for a period of six months.

(2.) The case of the prosecution in a nutshell is that on 25/10/2014, ASI Mukhtiar Singh of Police Station, Sultanwind, Amritsar, along with HC Tajinder Singh, Constable Jagdev Singh and other police officials, was going from Chatiwind Chowk towards Kot Mit Singh, in connection with patrolling and search of bad elements. When they reached in front of Namdhari Kanda, one person came out of the street towards Tarn Taran Road. On seeing the police party, he became perplexed and turned back and tried to flee. ASI Mukhtiar Singh asked the person to stop, however, he started running. ASI Mukhtiar Singh apprehended him with the help of police officials. He disclosed his name as Gagandeep Singh alias Bau. ASI Mukhtiar Singh tried to join independent witnesses in the investigation. The polythene envelope carried by the accused was found to be containing intoxicant powder. Out of the recovered intoxicant powder, 10 grams was separated as sample and converted into parcel. The remaining intoxicant on weighment came out to be 290 grams. The same was also converted into separate parcel. Both the parcels were sealed by ASI Mukhtiar Singh with his seal impression 'MS'. Sample seal was prepared separately and one specimen seal was affixed on Form M29. Seal after use was handed over to HC Tajinder Singh. Form M29 was prepared at the spot. Ruqa was sent to the police station. FIR was registered by Sub-Inspector Prabhjot Singh. ASI Mukhtiar Singh, Investigating Officer prepared rough site plan of the place of recovery. Accused was arrested. He was taken to police station. The Investigating Officer handed over both the parcels, Form M29 and sample seal to SHO Arun Sharma, who after verifying the intactness of the seals on the parcels, affixed his seal 'AS' on both the parcels and completed the remaining codal formalities of Form M29. The case property was deposited in the double lock. On the next day i.e. 26/10/2014, SHO Arun Sharma handed over to ASI Mukhtiar Singh, the sample parcel, bulk parcel, Form M29 and specimen seal after taking out of the double lock of Malkhana for verification of the sample from the Ilaqa Magistrate. The Investigating Officer produced the case property and accused before the Ilaqa Magistrate. The Court inspected the case property and drawn 10 grams intoxicant powder from the bulk parcel after breaking its seals and prepared representative parcel. It was sealed by the Presiding Officer with his seal 'SPS' and ASI Mukhtiar Singh also affixed his seal 'MS'. Similarly the bulk parcel of 280 grams intoxicant powder was resealed by the Court with seal 'SPS' and ASI Mukhtiar Singh also affixed his seal 'MS' on the bulk parcel. The case property thereafter was kept in double lock of Malkhana. On 31/10/2014, SHO Arun Sharma operated the double lock and handed over to ASI Mukhtiar Singh one bulk parcel of 280 grams intoxicant powder and one representative parcel of 10 grams intoxicant power duly sealed with seals 'SPS and 'MS' for depositing the same in the Judicial Malkhana, Amritsar. ASI Mukhtiar Singh deposited the case property on the same day and the receipt thereof was handed over to the SHO. Samples were sent to the Chemical Examiner through HC Gurinder Singh. The investigation was completed and challan was put up against the accused after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statement of the accused was also recorded under Sec. 313 Cr.P.C. According to him, he was falsely implicated in the case. He has also produced DW1 Ajit Singh in his defence. He was convicted and sentenced, as noticed above. Hence, the present appeal.