Judgment

Mr. Harkesh Manuja, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 16/19.12.2016 passed by Judge, Special Court, Patiala vide which the appellant has been sentenced for 2 years R. I. with fine of Rs. 20,000/- and 2 months S.I. in default of payment of fine under section 22 of NDPS Act.

2. The allegations in brief as stated in the FIR are that on 17.12.2013, when ASI Janak Raj alongwith other police officials was present at Theri, near State Bank of Patiala, in connection with patrolling duty and checking of suspected persons, he received a secret information to the effect that two persons, namely, Suraj son of Paramjit Singh and Sony son of Pritam Singh who were in the habit of selling intoxicant tablets and capsules were coming from Ambala side towards Village Theri and if they were apprehended, a large quantity of intoxicant tablets can be recovered from them. Considering the aforesaid secret information to be reliable, ASI Janak Raj with the help of other police officials, laid a nakka at T-Point in the revenue limits of village Dheelwal and after some time, two persons were seen coming from the side of Village Dheelwal, who on seeing the police party tried to escape from there, but were apprehended on suspicion and on inquiry, they disclosed their names as Suraj son of Paramjit Singh and Sony son of Pritam Singh, residents of Village Theri. Thereafter, ASI Janak Raj after disclosing his identity to the accused told that he has a doubt that the accused may be having some narcotic substance in their possession and they have to be searched for that purpose and before that the accused have a right to get themselves searched, either in the presence of some Gazetted Officer or a Magistrate, who can be called at the spot. Both the accused reposed confidence upon ASI Janak Raj and recorded their separate consent statements and thereafter, ASI Janak Raj conducted the search of the accused Suraj and one polythene Lifafa containing MAIDOTIL intoxicant tablets were recovered from right pocket of the trouser worn by him. Thereafter, ASI Janak Raj separated two samples of 10 tablets each and put the same into plastic boxes. On counting, the remaining tablets the same were found to be 480 and he put the same into a plastic container and converted all the aforesaid plastic containers into parcels. Further, ASI Janak Raj conducted the search of the accused Sony and one polythene Lifafa containing intoxicant tablets was recovered from right pocket of the Jacket worn by him. Thereafter, ASI Janak Raj separated two samples of 10 tablets each and put the same into plastic boxes. On counting, the remaining tablets were found to be 480 tablets and he put the same into a plastic container and converted all the aforesaid plastic containers into parcels and affixed his seal bearing impression ‘JR’ on the said parcels. Specimen seals were prepared and ASI Janak Raj handed over the same to HC Vikranjit Singh and the incriminating articles were taken into possession, vide a recovery memo. Thereafter, a formal FIR was registered on the basis of ruqa sent through C. Charanjit Kumar. The samples were sent to the office of the Chemical Examiner. As per the report, contents of the sample were found to be Diphenoxylate Hydrochloride. After completion of investigation, challan against the accused was presented in the court.

3. Accordingly appellant was subjected to Trial and Ld. Special Court, Patiala primarily relying upon the statement of PW2 - ASI Janak Raj No.2834, Patiala, PS Sadar and PW4 - HC Vikramjit Singh No. 1621, Patiala, PS, Urban Estate, Patiala, vide judgment dated 16/19.1