DEEP RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction as well as the order of sentence dtd. 9/1/2010 vide which the appellant was convicted for offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the NDPS Act") and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of 01 year.

(2.) Brief facts of the case are that on 17/8/2006 SI Balwinder Singh along with ASI Joginder Singh, ASI Pavittar Singh and other police officials in a Government vehicle bearing No.PB-10-BU 8017 were present at Jalandhar bye-pass in connection with nakabandi and checking and at about 02:15 p.m., one vehicle Tata 909 bearing registration No.HR-37B-5203 came from the side of Basti Jodhewal. SI Balwinder Singh gave signal to stop the said vehicle, but instead of stopping the same, its driver sped away the vehicle towards Phillaur side. Thereafter, the police party followed him in their official vehicle and the said vehicle was apprehended at Kadian turning point near Omex Mall, however, its occupants ran away in different directions but only one person (i.e. Deep Ram) was caught by the police party whereas the driver succeeded in running away. The person apprehended at the spot disclosed his name as Deep Ram alias Deep son of Chhinda Ram, the driver of the vehicle was identified by HC Nirmal Singh as Gurdeep Ram alias Gogi son of Chhinda Ram resident of Jandiala, Police Station Banda District Nawan Shahar. On search, 07 bags were found loaded in Tata 909 vehicle. The Investigating Officer gave his identification to the accused - Deep Ram and asked him that search of the bags in the vehicle is to be conducted and in case he desire, a Gazetted Officer or a Magistrate can be called at the spot. The accused opted to be searched before a Gazetted Officer. His non-consent memo Ex.PB was recorded. Then, the Investigating Officer called Mr. Dinesh Partap Singh, IPS, S.P., City-II, Ludhiana, who came there and gave his identification to the accused and asked the accused whether he wants the search of the vehicle to be conducted in his presence or in the presence of some other Gazetted Officer or a Magistrate. The accused gave consent for search of the vehicle before him vide consent statement Ex.PB. Thereafter, the bags were checked and they were found to be containing poppy husk. 02 samples of 250 grams each were separated from each bag. They were given numbers 1A to 7A and 1B to 7B. On weighing, the remaining poppy husk came out to be 36 kgs. in each bag. The bags were given numbers 1 to 7. Their parcels were prepared and sealed with the seals of the Investigating Officer as "B.S" and "D.P.S." of Sh. Dinesh Partap Singh. Sample seal Ex.P1 was separately prepared. The case property was taken into police possession vide recovery memo Ex.PC. From the search of the vehicle one black color purse containing currency notes of Rs.70.00, driving license of Gurdeep Ram and one sale letter was recovered which were also taken into police possession vide separate memo. The vehicle bearing No.HR- 37B-5203 was also taken into police possession vide Ex.PD. Thereafter, personal search of the accused - Deep Ram was conducted vide memo Ex.PE and then, Ruqa Ex.PH was sent to the police station on the basis of which FIR.Ex.PH/1 was registered. Site Plan Ex.PJ of the place of recovery was prepared and the accused was arrested vide memo Ex.PE. Intimation regarding arrest of the accused was also given to his wife vide memo Ex.PJ. On return to the police station, the accused and case property was produced before ASI/ASHO Darshan Singh, who verified the facts of the case and affixed his seal bearing impression "D.S." Thereafter, the case property was deposited with MHC Devinder Singh with seals intact and after completion of the investigation, report under Sec. 173, Cr.P.C. was prepared and challan was presented before the trial Court.

(3.) On presentation of the challan, charge under Sec. 15 of the NDPS Act was framed against the accused, to which he pleaded not guilty and claimed trial.