KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed against the impugned judgment and order dated 19.02.2013 passed by learned Additional Sessions Judgecum-Judge Special Court, Rupnagar, for short 'Special Court', whereby the appellant was convicted and sentenced under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short 'the Act', to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- with a default clause to further undergo imprisonment for 2 years.

(2.) In brief, the prosecution case is that on 11.10.2010, SI Nirmal Singh (PW4), CIA Staff, Ropar, along with other police officials were going from Bela Chowk to Khairabad in connection with checking of suspected persons. At about 5.00 p.m., when they reached near T-point of Village Shampura, a motorcycle, on which three persons were riding, was seen coming from opposite direction. Upon noticing the police officials, they tried to turn back, but on suspicion, all three were apprehended and on enquiry, they disclosed their names as Balwinder Singh, Kulwinder Singh and Ranjit Singh. PW4 introduced himself and told that there is a suspicion of some contraband in their possession, therefore, they are to be searched. He offered them "whether they want to be searched by him or in the presence of some Gazetted Officer or any Magistrate, and they have a legal right." Appellant along with other co-accused reposed confidence with PW4 and stated that he can conduct the search. Upon which separate consent memos were prepared, which were duly signed by all three accused as well as attesting witnesses. From personal search of appellant, 20 packets of Phenotil tablets containing 100 tablets in each packet (total 2000 tablets), were recovered from his right pocket of the trouser; whereas a recovery of 140 loose capsules of Parvonspas was effected from co-convict Ranjit Singh from his right pocket of the trouser. Nothing was recovered from accused Balwinder Singh. Two samples from each of the contraband recovered at the instance of present appellant as well as co-convict Ranjit Singh were taken separately and put into separate parcels. All the parcels along with the contraband were sealed with the impression 'NS' and were taken into possession vide recovery Memo. Ex.PW4/A. Seal after use was handed over to HC Shingara Singh, No. 102, CIA Staff Ropar(PW-3). Thereafter, Ruqa Ex.PW4/B was sent to the police station, on the basis of which formal FIR, Ex.PW4/C was registered by ASI Shingara Singh, PS City Rupnagar under Section 22 of the Act and Section 27 of the Drugs and Cosmetics Act, 1940, for short 'Act of 1940'. A rough site plan Ex.PW4/E of the place of recovery was prepared. The motorcycle was taken into police possession vide recovery memo Ex.PW4/F. After conducting physical search (Jamatalashi) of all the accused, they were arrested and intimation to that effect was sent to their relatives. Statements of witnesses were recorded under Section 161 Cr.P.C., and all accused along with case property were produced before Inspector-Digvijay Kapil, SHO PS City, Ropar, (PW7) who after verifying the facts affixed his seal bearing impression 'DK' on the case property and the same was deposited with the MHC.

(3.) On the next day, i.e. 12.10.2010, all the accused along with case property including four samples were produced before the Chief Judicial Magistrate, Ropar. After opening the seal of the case property, representative sample of 100 tablets of Phenotil and 10 capsules of Parvonspas were separately drawn to be kept as proof thereof and remaining case property was repacked and sealed with seal of the Court reflecting letters 'CJM/R'. Case property alongwith sample drawn by the Court as well as one sample taken at the time of recovery, was ordered to be deposited in the Judicial Malkhana. Remaining one sample already drawn at the time of recovery by the police was handed over to SI Nirmal Singh on his request. Photographs of the contraband were also taken in the Court and case property was ordered to be disposed off by the Committee as per Rules and a certificate to that effect was issued. All the accused were sent to Judicial custody. After receipt of result from the Forensic Science Laboratory (for short 'FSL') of both the samples, report under Section 173 Code of Criminal Procedure, for short 'Cr.P.C.' was submitted before the competent Court and copies of the same were supplied to the accused as per provisions of Section 207 Cr.P.C. Finding a prima facie case under Section 22 of the Act, all three accused were charge-sheeted by the learned Special Court vide order dated 04.07.2011, to which they pleaded not guilty and claimed trial.