JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Correctness and validity of judgment passed by Special Court convicting appellant under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been assailed.

(2.) As per the case set up by the prosecution that on 29.05.2014 at about 4:30 p.m. appellant was found in conscious possession of 45 grams of intoxicant powder containing psychotropic substance Diphenoxylate Hydochloride in the area of near canal bridge Village Nangal Fida within the jurisdiction of Police Station Bhogpur, Jalandhar without any permit or licence. The version of the Prosecution is that on 29.05.2014 when Premjeet Singh ASI (hereinafter referred to IO) along with HC Salinder Singh, Constable Mukesh Kumar and PHG Hardev Singh were on patrolling duty on their private vehicle in connection with checking of suspicious and bad elements and while they were going from Bhogpur to Adampur side on a metalled road and reached near Nangal Fida Canal Bridge, they saw accused coming from opposite side on foot. On spotting the police party, appellant suddenly became perplexed and took a turn towards his left side i.e. towards fields. On suspicion, Investigating Officer with the help of other police officials nabbed the appellant and asked about his whereabouts, whereupon he disclosed his name as Jarnail singh @ Jaila son of Ujagar Ram, resident of Nangal Fidan, Police Station Bhogpur. Investigating Officer told the appellant that he suspects some intoxicant substance in the possession of the appellant and therefore, search is to be carried out. The Investigating Officer told the accused that he had legal right to get his search conducted from him or the Gazetted Officer or the Magistrate. But the appellant reposed confidence in the Investigating Officer and after getting it signed the consent memo the Investigating Officer tried to join independent witness but none consented for the same. Thereafter, Investigating Officer conducted the search and recovered polythene envelope containing some substance in it from the left pocket of the pant in the presence of other police officials. On checking the contents of polythene envelope intoxicant powder was recovered. The Investigating Officer drew two samples of 5 grams each from the recovered intoxicant powder and prepared two sample parcels of the same by putting 5 gram intoxicant powder each into two small plastic containers. On weighing, remaining intoxicant powder was found to be 35 grams which was put in separate plastic container and a bulk parcel was prepared. Investigating Officer sealed the said parcels as well as bulk parcel with his seal impression PS. The Investigating Officer also affixed his seal impression PS on form M-29 at the spot. Investigating Officer also prepared his specimen seal impression on the piece of paper and handed over his seal after use to HC Salinder Singh. Thereafter, the Investigating Officer took the above said sample parcels and a bulk parcel into police possession and sent an information to the police station through PHG Hardev Singh, on which formal FIR was registered by ASI Baldev Singh. Lay out plan of the place of recovery was also prepared by the Investigating Officer and the accused was arrested. The intimation regarding arrest of the accused was sent to her daughter Amandeep Kaur and after formal arrest, the Investigating Officer again conducted his formal personal search but no valuable articles or currency was recovered from the appellant. Investigating Officer prepared personal search memo and statements of witnesses were recorded.

(3.) On reaching Police Station, Bhogpur, the Investigating Officer produced the appellant, the above said sample parcels, bulk parcel, form M-29, specimen seal paper, case file before SI/SHO Tarsem Lal, who after verifying the facts of the case from the appellant, sealed the sample parcels and bulk parcel with his seal impression TL. He also affixed his seal impression TL on form M-29 and also prepared his specimen seal on above said piece of paper and deposited the sample parcels, bulk parcel, form M-29, specimen seal with MHC Satnam Singh.