MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Major Singh son of Darshan Singh has directed this appeal against the judgment and order dated 27.8.2014 passed by Mrs. Anshul Bery, Judge Special Court, Patiala vide which accused appellant was convicted under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of five months and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days for having been found in possession of 10 gms of smack without any licence or permit.

(2.) Brief facts of the prosecution case are that on 24.9.2011 SI Kanwal Nain Singh along with his police party while traveling on private Gypsy No. UP-14-C-8457 in connection with patrolling and checking of bad elements was present at bridge of river Ghaggar in the area of village Arnatu where Jeet Singh son of Avtar Singh met and SI Kanwal Nain Singh started talking with him. In the meantime, a man was seening coming on foot towardes the bridge, who, on seeing the police party, at once tried to turn towards his left hand side on the embankment of the river. On suspicion, he was apprehended by SI Kanwal Nain Singh with the help of his fellow companions. On inquiry, the said person disclosed his name as Major Singh and also disclosed his other particulars. Then SI Kanwal Nain Singh disclosed his identity to Major Singh and stated him that he suspects him to be carrying some narcotic substance for which he intends to conduct his search. SI Kanwal Nain Singh also apprised Major Singh that he had a right to get the search conducted in the presence of a Gazetted Officer or a Magistrate, who can be called at the spot, upon which, Major Singh reposed confidence on SI Kanwal Nain Singh. Search of Major Singh was conducted which led to recovery of smack, wrapped in a glazed paper from the inner pocket of the pant worn by Major Singh. Two samples of 1 gms each were separated and residue smack weighed to be 8 gms. Separate parcels of the samples and residue smack were prepared and were sealed with the seal bearing impression "KNS' of SI Kanwal Nain Singh. Sample seal after use was handed over to HC Tarsem Singh. Ruqa was sent to the Police Station on the basis of which case was registered against the accused. After completion of necessary investigation, challan against the accused was presented .

(3.) Copies of documents as relied upon by the prosecution were supplied to the accused under Section 207 Cr.P.C. Charge under Section 21 of the NDPS Act was framed against the accused to which the accused pleaded not guilty and claimed trial.