LAKHWINDER SINGH @ LAKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been preferred by both the appellants against the impugned judgment and order dated 28.07.2017 passed by Learned Judge, Special Court, Patiala, (for short 'Special Court), whereby they have been convicted and sentenced under Section 22(c) of Narcotics Drugs and Psychotropic Act, 1985, for short 'Act' to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- (one lac) each with a default clause to further undergo rigorous imprisonment for 2 years.

(2.) Brief facts of the case are that, on 05.11.2013, police party headed by ASI Sahib Singh (PW5) along with HC Paramjit Singh (PW7), C.Amandeep Singh, and PHC Naresh Kumar were on patrolling duty in a private vehicle at Ghaggar bridge in the area of Village Badshahpur, then one Pala Singh son of Phool Singh came there. When PW5 was talking with Pala Singh, two young persons aged about 26/27 years, wheatish colour, slim physique came on motorcycle bearing Registration No.PB-13-3966. On seeing the police party, the driver of the Motorcycle tried to sped away, but both were apprehended by PW5 with the help of fellow police officials. Upon inquiry, the driver of motorcycle disclosed his name as Lakhwinder Singh @ Lakhi son of Mohinder Singh, resident of Naraingarh, PS Bhawanigarh (appellant No.1); whereas the pillion rider disclosed his name as Harpreet Singh son of Balbir Singh, resident of Village Ramgarh, PS Bhawanigarh (appellant No.2). PW5 disclosed his identity as ASI Sahib Singh and informed both of them that he intended to conduct their search along with motorcycle as they were suspected to be carrying some narcotic substance. He further informed them regarding their right to be searched in the presence of some Gazetted Officer or Magistrate, who could be called at the spot, but both of them reposed confidence in PW5. Consent Memo (Ex.P4) was prepared which was duly signed by both the appellants as well as witnesses, namely, Pala Singh and HC Paramjit Singh, 1697 (PW7). Consequent upon search of both the appellants, two polythene bags (one each) containing white coloured intoxicant tablets i.e. 1100 from each of them were recovered from right pocket(s) of their respective trousers. Four samples of 10 tablets each (two from appellant No.1 and two from appellant No.2) were drawn separately as MO1 and MO2. All the samples along with the remaining bulk parcels were sealed by the investigating officer with seal 'SS'. Specimen seal was prepared and contraband were taken into possession vide separate recovery memos Ex.P5. Ruqa (Ex.P6) was prepared and dispatched to Police Station for registration of an FIR and on the basis of which formal FIR Ex.P7 was registered. From the physical search (jamatalashi) of both the appellants, currency notes of Rs.50/- from each as well as two mobile phones (one from each) were recovered and taken into possession vide separate memos (Ex.P10). Both the appellants along with the contraband were produced before officiating SHO-ASI Kehar Singh, (PW1) who after verification of the facts, sealed the samples as well as bulk parcel with his seal impression as 'KS'.

(3.) On next day i.e. 06.11.2013, the case property along with accused were produced before learned Judicial Magistrate Ist Class, Samana, for short 'JMIC', who endorsed the samples as well as bulk parcels and after drawing two representative samples from both the bulk, sealed the contraband with her seal bearing impression as 'SC' and appellants were remanded to police custody till 08.11.2013. Forensic Science Laboratory (for short 'FSL') report of chemical examination (Ex.P16) was received with the following result:-