GURPREET SINGH ALIAS MANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment dated 22.08.2017 and order dated 23.08.2017, rendered by Judge, Special Court, Amritsar, in NDPS Case No.745 of 2014. Appellant Gurpreet Singh alias Mani was charged with and tried for the offence punishable under Section 21 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for brevity). He was convicted and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,50,000/- under Section 21 of the NDPS Act. It default of payment of fine, he was ordered to further undergo simple imprisonment for six months.

(2.) The case of the prosecution, in a nutshell, is that on 05.09.2013, at about 9.30 A.M., ASI Jaswant Singh, Incharge, Police Post Town Jandiala, along with HC Sarabjit Singh and other police officials was present at bridge over canal, village Dharar, on their private motor cycles, in connection with patrolling. A Hindu young man was seen coming on foot by the side of canal from village Gunnowal side. After seeing the police party, he immediately tried to turn back. He was apprehended. His antecedents were ascertained. ASI Jaswant Singh, while disclosing his identity to the accused, said that he had suspicion that he (accused) was possessing some narcotic substance. ASI Jaswant Singh further asked the accused whether he wanted to get his search conducted either from him or from some Gazetted Officer. The accused reposed faith in ASI Jaswant Singh and consented to be searched by him. ASI Jaswant Singh prepared consent memo. It was signed by the accused. ASI Jaswant Singh conducted search of the accused in accordance with rules. Intoxicant powder wrapped in a polythene envelope was recovered from the right pocket of Jeans worn by the accused. Out of the recovered intoxicant powder, two samples of 10 grams each were drawn and converted into two separate parcels after putting the same into two separate plastic containers. The remaining bulk quantity, i.e. 280 grams intoxicant powder, was also converted into separate bulk parcel. All the parcels were sealed by ASI Jaswant Singh with his seal impression 'JS'. Form M-29 was filled up on the spot. Recovery memos were prepared. FIR was registered. Site plan was prepared. The accused was arrested. On completion of investigation at the spot and on arrival at the Police Station, ASI Jaswant Singh produced all the parcels along with sample seal, Form M-29 and accused before Inspector SHO Ravinder Singh. He verified the correctness of the seals affixed on the parcels and thereafter, put his seal 'RS' on the parcels and also on Form M-29. The SHO operated the double lock and kept the case property along with sample seal and Form M-29 in the double lock. On the next day, i.e. 06.09.2013, Inspector SHO Ravinder Singh operated the double lock. He handed over the parcels, sample seal and Form M-29 along with accused to ASI Jaswant Singh for producing in the court of Ilaqa Magistrate. ASI Jaswant Singh produced the case property in the court of Ilaqa Magistrate. The Ilaqa Magistrate broke the seals of bulk parcel. She took out 20 grams of intoxicant powder from it and prepared representative parcel, which was sealed by her with her seal 'PK'. ASI Jaswant Singh also put his seal ' JS' on the same. The remaining bulk parcel of 260 grams intoxicant powder was re-sealed by the Ilaqa Magistrate with her seal 'PK'. The same was handed over by ASI Jaswant Singh to SHO Ravinder Singh. On 30.09.2013, SHO Ravinder Singh handed over the sample parcel of 10 grams intoxicant powder sealed with the seals of 'JS' and 'RS', sample seal, Form M-29 along with docket to HC Raj Kumar vide road certificate No.227/21. He deposited the same in the office of Chemical Examiner. The remaining bulk contraband was deposited in the Judicial Malkhana on 10.10.2013. The investigation was completed and after receipt of report of the Chemical Examiner, the challan was put up.

(3.) The prosecution examined a number of witnesses in support of its case The accused was also examined under Section 313 Cr.P.C. He denied the case of the prosecution. According to him, he was falsely implicated. He was convicted and sentenced, as noticed here-in-above. Hence, this appeal.