- (1.) By way of this appeal, the appellant has challenged the judgment of conviction and the order of sentence, dated 3.6.2005, passed by the learned Judge, Special Court, Hoshiarpur, whereby the appellant was held guilty for the commission of offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (for brevity, 'the NDPS Act'), and was sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of ' 1,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of two months.
(2.) Brief facts of the case are that on 15.9.2002, Sub Inspector Manjit Singh along with Assistant Sub Inspector Jagdish Singh, Head Constable Jasbir Silngh, Constable Baljinder Singh and Constable Avtar Singh, was patrolling in the area of Khanpur in a Gypsy, which was driven by Constable Amarjit Singh. A secret information was received that appellant, Kewal Singh, had gone to Himachal Pradesh to bring poppy husk on his scooter, bearing Registration No. PAQ-2672, and if barricade was laid, then he could be apprehended red handed. Since the said information was reliable, therefore, Sub Inspector Manjit Singh sent a memo, Ex. PJ, through Constable Avtar Singh, on the basis of which formal FIR, Ex. PJ/1, dated 15.9.2002, was recorded by Assistant Sub Inspector Gurdev Singh, who after making endorsement, Ex.PJ/2, informed the FIR number to Sub Inspector Manjit Singh. Barricade was laid at the turning of village Mali.
(3.) One scooter came from the side of Jaijon and the same was signalled to stop. On inquiry, the person driving the scooter disclosed his identity as Kewal Silngh son of Harbhajan Singh, resident of Sarhala Kalan. He was informed by Sub Inspector Manjit Singh that he suspected some intoxication in his (Kewal Singh) possession and, therefore, did he want that the search of his bag be conducted in the presence of a Gazetted Officer or a Magistrate. Consent memo, Ex. PA, was prepared, which was attested by Assistant Sub Inspector Jagdish Singh and Head Constable Jasbir Singh.;