Advocates Appeared:
For the Appellant :Mr. P.S. Ahluwalia, Advocate
For the Respondent: Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab

JUDGMENT :

Jasjit Singh Bedi, J.

1. The present appeal has been preferred against the impugned judgment/order dated 14.09.2015 passed by the Judge, Special Court, Amritsar.

2. The prosecution story in brief is that on 30.03.2011 a Police Party Headed by Inspector Sukhwinder Singh (now DSP Sukhwinder Singh and examined as PW1) along with other police officials were on patrolling duty and were present at the Bridge Drain Village Gumtala. One person was seen coming from the opposite side on foot who on seeing the police became perplexed and tried to turn back. He was apprehended and disclosed his name as Sandeep Kumar @ Bhamari. In the meanwhile, he tried to throw away a polythene bag after taking it out from the right pocket of his Capri but was apprehended. 40 grams of smack was recovered from him. During investigation, Sandeep Kumar @ Bhamari made a disclosure statement that he had procured the smack from Saurav Partap @ Sourav @ Sunny (appellant No.1), Surjit Singh (appellant No.2) and Jagir Singh (deceased). Based on the aforementioned recovery, FIR No.35 dated 30.03.2011, under Section 22 of the NDPS Act, Police Station Cantonment, Amritsar came to be registered against Sandeep Kumar @ Bhamari, Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh. Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh were arrested. They suffered their respective disclosure statements on the basis of which Saurav Partap @ Sourav @ Sunny got recovered 1 Kg of smack and 500 grams of opium. Surjit Singh got recovered 400 grams of smack and Jagir Singh also got recovered 400 grams of smack. The recoveries from Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh led to the registration of an another FIR No.38 dated 02.04.2011 under Sections 18 , 22, 61-85 of the NDPS Act, Police Station Cantonment Amritsar.

3. In the Trial emanating out of FIR No.35 dated 30.0.2011, Sandeep Kumar @ Bhamari was convicted vide judgment dated 11.12.2014 by the Court of Judge Special Court, Amritsar. Saurav Partap @ Sourav @ Sunny was acquitted vide judgment dated 04.01.2016. Surjit Singh was declared a proclaimed offender. However, subsequently he came to be arrested and on presentation of the challan and conclusion of the Trial, he was acquitted vide judgment dated 14.09.2016. However, Jagir Singh had died and proceedings qua him stood abated.

4. Meanwhile, as has already been mentioned above, pursuant to the recoveries effected from Saurav Partap @ Sourav @ Sunny, Surjit Singh and Jagir Singh, FIR No.38 dated 02.04.2011 was registered. The report under Section 173(2) Cr.P.C. was presented and on conclusion of the Trial, Saurav Partap @ Sourav @ Sunny and Surjit Singh (appellants herein) came to be convicted vide judgment dated 14.09.2015 passed by the Judge Special Court, Amritsar. Proceedings qua Jagir Singh who had died were abated vide order dated 23.02.2012.

5. The aforementioned judgment of conviction is under challenge in the present appeal.

6. The learned counsel for the appellants contends that the registration of the present FIR No.38 dated 02.04.2011 under Sections 18 , 22, 61-85 of the NDPS Act, Police Station Cantonment Amritsar itself is illegal. As per the prosecution case, Inspector Sukhwinder Singh had initially arrested Sandeep Kumar @ Bhamari with contraband. It was he who had named the present appellants along with Jagir Singh (deceased) as having supplied the contraband to him. Based on the said disclosure statement, the appellants and their co-accused came to be arrested in FIR No.35 dated 30.03.2011, under Section 22 of the NDPS Act, Police Station Cantonm