JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is taken up in the category of the cases which are listed on Saturdays where the convict is in judicial custody and is being represented by a Legal Aid Counsel. As per the custody certificate filed in the Court, the appellant has undergone 02 years and 03 months of custody and he is not involved in any other similar case.

(2.) Brief facts of the case are that on 14.12.2013, ASI Bhupinder Pal Singh, along with police officials, was going from Adampur to Arjanwal Mahmadpur side in connection with patrol duty. When the police party was at some distance from the bridge situated in the area of village Arjanwal, a young clean shaven person, on seeing the police party, turned towards back side on his motorcycle. On the basis of suspicion, he was apprehended. On enquiry, he disclosed his name Jagdeep Singh @ Jaggi. A polythene carry- bag containing some article was tied on the left side of the handle of his motorcycle. ASI Bhupinder after introducing himself, raised a suspicion that he might be carrying narcotic contraband and apprised him about his legal right to get the search of the polythene carry-bag conducted in the presence of a Magistrate or Gazetted Officer or himself. Accused reposed faith in ASI Bhupinder Pal Singh. A consent memo in this regard was prepared and the accused appended his signatures. On search of the said polythene carry bag, 40 vials of Avil (R) 10 ml. each and 40 injections of norgesic 2 ml. each were recovered and sealed in two separate parcels with his seal bearing impression 'BS'. Form M-29 was prepared at the spot and sample seal impression was affixed on Form M-29 and the same was taken into possession vide separate recovery memo in the presence of the witnesses. Ruqa was prepared and sent to the Police Station through PHG Naranjan Pal, on the basis of which FIR was registered against the accused. Accused was arrested and rought site plan of the place of recovery was prepared, statements of the witnesses under Section 161 Cr.P.C. were recorded. Accused was produced before SHO/Inspector Gurmeet Singh, who after checking both the parcels, sealed the same with his seal bearing impression 'GS' and deposited the same with MHC. On 15.12.2013, both the parcels and the accused were produced before the Illaqua Magisrate, who after verifying the said parcels made his endorsement 'seen' underneath his signatures and returned the same to Investigating who deposited the same with MHC in Police Malkhana. The accused was sent to the judicial custody. During investigation, both the parcels were sent to the office of the Chemical Examiners, Kharar for chemical analysis.

(3.) Counsel for the appellant has argued that as per the statement of PW1 HC Naranjan Singh, he has received the sample parcels after a period of 06 days i.e. on 20.12.2013, for depositing the same with the Chemical Examiner and there is no explanation of delay of 06 days. It is further submitted that this witness has admitted in the cross-examination that though the copies of the relevant entries of Register No.18 and Roznamcha register were handed over to the Investigating Officer, while recording his statement, however, the same are not part of the judicial file.