- (1.) Accused Bheru Singh who was convicted alongwith three other accused has independently preferred the present appeal challenging his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and the sentence of 10 years R.I. and to pay a fine of Rs. 1 lac and in default to undergo a further period of 6 months R.I.
(2.) The brief case of the prosecution is that on 15.3.2009, PW7 S.I. Gurinder Singh Bal proceeded alongwith PW1 ASI Jaswinder Singh, PW4 HC Narottam Singh, PW5 HC Jaswant Singh, PW6 HC Nirmal Singh and other police officials for the purpose of performing patrolling duty at a bridge over the drain in the area of village Hasanpur. In the meantime, Narain Singh, ex-Sarpanch arrived at the spot and started chatting with PW7. At about 2.30 p.m. on the said day, a Bolero vehicle bearing registration No.RJ27-1C-3203 came from the side of village Thunga. A signal was given to the vehicle to stop. The driver of the Bolero vehicle tried to turn the vehicle back. PW7 alongwith other police officials stopped the vehicle. All the four persons in occupation of the vehicle were apprehended. Accused-appellant Bheru Singh was sitting on the rear seat of the vehicle. PW7 apprised the accused of their right to get the search conducted in the presence of a gazetted officer or a Magistrate. As per their choice and preference, PW8 DSP Arshvinder Singh Gill was summoned to facilitate the search. PW8 having come down to the spot introduced himself to the accused. The accused opted to be searched in the presence of PW8. Necessary consent memos Ex.PE, PF, PG and PH were prepared. The accused put their signatures thereon. PW7 conducted a search in the presence of PW8. A parna was found tied around the waist of each one of the accused. Opium kept in the glazed paper found wrapped in the parna. Two samples weighing 10 gms. each were separated. The remaining opium found in the possession of the accused-appellant weighed 2.680 kgs. The sample as well as the remaining quantity was separately parcelled and sealed with the seal impressions of PW7 and PW8. A search also was conducted on the person of other three accused. The opium found in their possession also was recovered. A sample also was drawn. Same procedure for parcelling and sealing the same was adopted by PW7. Accusedappellant Bheru Singh alongwith other accused were arrested. He was brought alongwith the samples and the remaining quantity of opium. PW7 having come down to the police station in the morning at about 6.30 a.m. on 16.3.2009, kept the case property in safe in the malkhana under his personal lock and key and produced before the Duty Magistrate at Nabha. As per the directions of Duty Magistrate, the case property was deposited with PW3 MHC Inderjeet Singh who was the Incharge of the malkhana of the police station. The samples were sent for examination. The chemical examiner returned a report that the sample was nothing but opium.
(3.) The trial Court having adverted to the material evidence available on record, recorded conviction as stated supra.;