The court upheld the conviction for narcotics possession based on procedural adherence, emphasizing juvenile sentencing principles adjusted for time elapsed.

JUDGMENT :

Jasjit Singh Bedi, J.

The present revision petition has been filed impugning the judgment dated 24.03.2009 passed by Judge, Special Court, Patiala whereby the appeal filed against the judgment of conviction and order of sentence dated 11.05.2005 passed by Principal Magistrate, Juvenile Board, Ludhiana has been dismissed.

2. The FIR in the present case came to be registered on 17.03.2001. The judgment of conviction was passed on 11.05.2005 by the Principal Magistrate, Juvenile Board, Ludhiana. The Appeal filed against the order of conviction was dismissed on 24.03.2009 by the Judge, Special Court, Patiala. The instant revision petition was filed on 30.04.2009 and has come up for final hearing now i.e. after a period of more than 24 years from the date of registration of the FIR.

3. In brief the prosecution case is that on 17-3-2001, ASI Ajit Singh sent a ruqa and got the case registered under Section 20 of NDPS Act. The facts of the case are that when ASI Ajit Singh alongwith HC Prem Singh, HC Balwinder Singh no.413, C.Harish Kumar 1416, C. Gurmit Singh no.362, C-Jamail Singh no.2985, SPO Veersingh no.745, PHG Gurdev Singh no.30088 and also ASI Bhupinder Rai, Incharge, P.P.Bahadurgarh, riding on the official vehicle Allywn Nissan bearing PB-ll-A-5986 being driven by C.Ram Lakhan no.2082, for patrolling and to nab bad elements were going from V.Kauli to V. Mohabbat Pur then at about 6-00 p.m. when they reached near Gurudwara Sri Ishar- Shar Sahib in the area of Mohabbat Pur, from the opposite side two men were been coming on a scooter. On seeing the police party, they tried to turn back and on suspicion, they were chased. They were asked to stop, but after throwing the scooter they ran towards the fields. Then the police party nabbed both the accused. ASI Ajit Singh with the help of HC Balwinder Singh no.1113, C. Gurmit Singh no.362, C. Jamail Singh no.2985, PHG Gurdev Singh arrested accused Sanjiv Kumar alias Kauwa s/o Som Nath alias Babbi, r/o Bajakhana School near Fire Brigade, Patiala. On checking, it was found that some contraband was tied around his waist. The accused was asked by ASI Ajit Singh that he wanted to search his person and if he so desires, some Gazetted Officer or Magistrate could be called, However, he reposed faith in the police and agreed to get his search conducted from the police. In the meanwhile, Kashmir Singh s/o late Mr. Balwant Singh, Jat, r/o V. Buddan Pur, Gurdwara Nim Sahib also reached there, who was briefed about the facts and was joined in the police party. The wireless message was flashed and on receiving a telephonic call, Bhupinder Jit Singh Virk, DSP, Rural, Patiala reached at the spot. On reaching there, DSP Bhupinderjit Singh Virk disclosed his identity to accused Sanjiv Kumar and to Amrik Singh s/o Barn Ram, who was already arrested by ASI Bhupinder Rai, separately. Dy.S.P. Bhupinderjit Singh asked both the accused, whether they intended to get their person searched from him or some Gazetted officer, but both of them reposed faith in the Dy S.P. and offered themselves for search. ASI Ajit Singh searched the person of accused Sanjiv Kumar and recovered Sulfa wrapped in two polythene bags tied with his waist. The Sulfa in polythene bags was made into one parcel. Two samples of 100 grams each were separated and made into a parcel and remaining sulfa came to be 1 Kg.800 grams, which was put into a box and made into a parcel. All the three parcels were sealed with the seals of JS of ASI Ajit Singh and BS of Dy. S.P. After use the seals were handed over to PW Kashmir Singh. The case property and sample duly sealed were taken into possession vide separate recovery me