- (1.) THE appellants faced trial for offence punishable under Sections 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the NDPS Act) and were convicted and sentenced as follows: Convict Amarjit Singh JUDGEMENT_826_LAWS(P&H)5_20141.htm Convict Karnail Kaur JUDGEMENT_826_LAWS(P&H)5_20142.htm
(2.) BRIEFLY stated, the case of the prosecution is that on 8th April, 2010 ASI Rohi Ram of Police Station Tripuri, District Patiala along with his police party was going towards village Sidhuwal for patrolling and checking of suspicious elements. When the police party reached the bridge of Bhakhra canal in the area of village Sidhuwal, a clean shaven person and a lady (appellants) were found chatting while sitting on kutcha path by the side of Bhakra canal. The clean shaven person was having a plastic bag in his hand. On witnessing the police party they felt perplexed and on suspicion ASI Rohi Ram with his police party apprehended them. Mewa Singh son of Rameshwar Singh resident of village Lang was joined as independent witness.
(3.) ASI Rohi Ram apprised the appellants vide memo Exhibit -PB and PC of his intention to conduct their search and about their right to get the search conducted in the presence of Magistrate or Gazetted Officer. Both agreed for their search to be conducted in the presence of Deputy Superintendent of Police. On message DSP Satvir Singh Atwal, reached the spot. After giving his introduction he again apprised the appellant that they have right to get their search conducted before some other Gazetted Officer or Magistrate but the appellants reposed their confidence in him vide memo Exhibit PD and PE. On the search of bag carried by the appellant -Amarjit Singh in his right hand opium wrapped in glazed paper was recovered out of which two separate samples of 10 grams each were separated and the remaining opium came to be 980 grams. Parcels of samples and the remaining opium were prepared and sealed with his seal bearing impression 'RR' by ASI Rohi Ram. DSP Satvir Singh Atwal then fixed his seal bearing impression 'SSA'. The sample and the case property were taken into possession vide recovery memo Exhibit PL.;