BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction dtd. 12/12/2016 and order of sentence of the even date, vide which, the appellant was held guilty for commission of offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period often years and to pay a fine of Rs.1,00,000.00, in default of payment of fine, he was directed to further undergo rigorous imprisonment for a period of one year.

(2.) The present appeal is taken up in the list of the cases which as per the direction of Hon'ble Supreme Court are fixed on Saturdays, wherein the convicts are in custody and their appeal is represented by a legal aid counsel. As per the custody certificate filed today in Court, the appellant is in custody for the last 04 years and 09 days an if the is not involved in any other case.

(3.) Brief facts of the case, as per prosecution, are that on 16/4/2014, ASI/IO Jagjit Singh along with the police party comprising of HC Kulwant Singh, HC Ranbir Kumar and Constable Avneet Singh, 01 their private vehicles, were present at the Bridge Ghalore Gate, Patiala 11 connection with patrol duty. At about 3:00 PM, they saw a young Sikh mai was coming on foot and on seeing the police party, he became perplexed and tried to turn back and run away. On suspicion, ASI/IO Jagjit Singh, with the help of the other police officials, apprehended him and on asking, he disclosed his name as Baljit Singh and thereafter, ASI/IO Jagjit Singh disclosed his identity to the accused i.e. appellant herein and informed him that he suspects that accused is carrying some contraband in his possession and then he apprised him of his legal right to be searched either before a Gazetted Officer or before a Magistrate who can be called at the spot. After sometime, the accused reposed confidence in the "same ASI/IO Jagjit Singh, on which, consent memo Ex. PA was prepared by him, which was signed by the accused and was witnessed by HC Kulwant Singh and HC Ranbir Kumar. Thereafter, ASI/IO Jagjit Singh conducted the search of the accused and recovered intoxicant tablets, which were wrapped in a glazed paper, from the right pocket of his shirt. Out of the recovered tablets, he prepared two sample parcels of 10 tablets each and a bulk parcel of the remaining tablets of 1380. Thereafter, he sealed both the parcels with his seal bearing impression 'JS' and a specimen seal Ex. PI was prepared and after its use, it was handed over to HC Kulwant Singh. ASI/IO Jagjit Singh, thereafter, took all the incriminating substances in possession vide memo Ex. PB, which was again witnessed by HC Kulwant Singh and HC Ranbir Kumar and then a ruqa was sent to the police station through Constable Avneet Singh and an FIR Ex. PD was registered. Accused was arrested and his personal search was conducted. On completing the investigation at the spot, accused along with witnesses were produced before SI Vasdev Singh, SHO, Police Station Kotwali, Patiala, who verified the facts and sealed the case property with his seal bearing impression 'VS' and deposited the case property with the MHC Suba Singh. On the next day, ASI/IO Jagjit Singh took the case property from MHC and produced the case along with the case property before learned Chief Judicial Magistrate, Patiala by moving an application for remand Ex. PJ along with an application for inventory Ex. PK and an application for depositing the case property Ex. PL.