Contraband - Recovery of - Search of a lady would be done by a lady officer.

MEHTAB S. GILL, J.

1. This is an appeal against the judgment/order dated 23.12.2003 of the Additional Sessions Judge-cum-Special Judge, amritsar, whereby the trial Court convicted Gurnam Kaur (63 years) wife of Pargat Singh, Ranjit Kaur (33 years) wife of Heera Singh and Gurjit kaur (39 years) wife of Paramjit Singh under Sections 18 and 20 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ndps Act") and sentenced them to undergo twelve years rigorous imprisonment and to pay fine of Rs. One lac each under Section 18 of the NDPS Act, in default of payment of fine, further to undergo rigorous imprisonment for six months. Both the sentences under Sections 18 and 20 of the NDPS Act were to run concurrently.

2. Shri S. S. Mand, DSP (D), Kapurthala in compliance with the directions of the S. S. P. , Kapurthala and on receipt of secret information was present on 16.6.2000 at the turning of Dhilwan Road, Dhussi Bundh in connection with nakabandi along with Inspector Gurmukh Singh, SI nirmal Singh, ASI Jaswinder Pal Singh, ASI Paramjit Singh, Head constable Manohar Singh, Head Constable Surinder Kumar, Head constable Gurmail Singh, Head Constable Swaran Singh, Constable Harjit singh, Constable Malkiat Singh, Constable Raj Kumar, Constable Swaran singh, Constable Surinder Pal Singh, Constable Lakhwinder Singh, constable Baljinder Singh along with U. P. Bhatt, Intelligence Officer, ncb. At about 7.30 AM, one Maruti Car of white colour bearing registration No. HR03a-2642 came from Amritsar side. On seeing the police party, the driver of the car stopped the car at a distance of about 50 yards from them and tried to turn the car backwards. He was not successful in turning the car, but three persons came out and ran away towards the fields. The police party were successful in taking the Maruti car and the driver into custody. On interrogation, the driver disclosed his name as gurlal Singh @ Lalli and disclosed the names of the other three persons who had fled away as Paramjit Singh @ Pamma, Amolak Singh and Hira singh sons of Pargat Singh. Before conducting search of the car, Gurlal singh @ Lalli was told that he was having narcotics in his car and they (police) wanted to search it. He was further asked whether he wanted to get searched by a Gazetted Officer or a Magistrate, whereupon Gurlal singh stated that he had no objection, if any officer conducted the search. His consent memo was prepared. Search was conducted as per procedure. Five packets of heroin mark 333 were recovered from a gunny bag lying underneath the front seat of the car. Each packet weighed one Kg. All the five packets were having the same mark. Two samples each weighing 5 grams were taken after putting the heroin into a polythene bag.5 Kgs. packet was marked a and the samples taken were marked a1 and a2. Chit bearing the signatures of the Investigating Officer, Gurlal Singh and witness was affixed on the samples. The recovered quantity and the samples were sealed by the Investigating Officer by subscribing "ss". The polythene envelope marked as "a" was also converted into a parcel wrapped with cloth and seals of subscription "ss" were put.10 packets of heroin were recovered from the gunny bag lying in front of the seat adjacent to the seat of the driver, which on weighing was 1 Kg. each. These packets were also bearing a marking of 333. Samples were taken and they were marked b1 and b2. Two more samples of 5 grams each was taken, which was marked c1 and c2. Thereafter, 20 packets of heroin were recovered from one gunny bag lying in front of rear left seat, out of which 10 packets were bearing mark 848 and 10 packets had marking of 777. On weighing, each packet weighed 1 Kg. Samples were taken and the remaining heroin was sealed. Two more samples bearing g-1 and g-2 marking were taken.20 packets of heroin was recovered mark of 777, samples were taken with the marking H-I, J and K. Opium weighing 22 Kgs. was recovered, samples