JUDGMENT :

Kirti Singh, J.

CRM-17867-2024

The application is allowed as prayed for.

Medical record is taken on record.

MAIN CASE

Instant appeal has been directed against the judgment of conviction dated 10.11.2006 and order of sentence dated 13.11.2006 passed by Special Judge (under The Narcotic Drugs and Psychotropic Substances Act, 1985) (hereinafter referred to as 'NDPS Act') Jalandhar, whereby the appellant-accused had been held guilty for commission of offence punishable under Section 15 of NDPS Act and sentenced to undergo rigorous imprisonment for a period of 04 years and to pay fine of Rs. 10,000/- with default stipulation.

Factual Matrix

2. In brief, the story of the prosecution is that on 25.05.2003, ASI Vijay Kumar along with other police officials was present in the area of village Jakkopur Kalan when he saw accused coming on the scooter who was carrying one gunny bag. He informed the accused that he was under suspicion that the accused was in possession of some intoxicant and his search was to be carried out, whether he wanted his search by a Gazetted Officer or by a Magistrate. The accused opted his search before a Gazetted Officer and memo in this respect was recorded. Thereafter, DSP Gurmail Singh arrived at the spot and apprised the accused regarding his legal right of search before him, any other Gazetted Officer or Magistrate but the accused reposed confidence in him and his consent memo was prepared. On conducting the search of gunny bag poppy husk was recovered and out of the said bag, two samples of 250 grams each were taken out and were prepared into parcels and the remaining contents of the gunny bag were found to be of 50 kgs. including the weight of jute bag. Hence, the total recovery comes out to be 50 kgs 500 grams including the weight of jute bag and after deducting the weight of empty jute bag, the recoveiy comes to be 49 kg 500 grams as normally the weight of gunny bag is 1 kg. Both the sample parcels and the gunny bag were sealed with the seal bearing letters VK and with seal of DSP bearing letters GS and sample seals were also prepared. The ruqa was sent to the police station on the basis of which formal FIR was recorded. On the next day, the accused along with the case property was produced before the Illaqa Magistrate. On completion of investigation and on receipt of report of Chemical Examiner, challan against the accused was presented in the Court and copies of documents were supplied to the accused in compliance of Section 207 Cr.P.C.

3. From the perusal of the documents and after going through the report under Section 173 Cr.P.C., aprima facie case punishable under Section 15 of the NDPS Act was made out against the accused and charge was framed accordingly which was read over to him to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW1 ASI Vijay Kumar, PW2 SI Davinderjit, PW3 C. Raunki Ram, PW4 C. Narinder Singh, PW5 HC Prithipal Singh, PW6 DSP Gurmail Singh and PW7 HC Harjinder Singh.

5. After the conclusion of the prosecution evidence, the statement of the accused was recorded under Section 313 Cr.P.C. during which he was confronted with the circumstances outlined in the prosecution evidence to which he denied, asserting his innocence. He claimed that a fabricated case had been registered against him by Savinder Singh due to their strained relationship stemming from the lack of support from the accused towards him in the Samiti elections. On 25.05.2003 at 8:00 a.m. the police in the presence of Lakhbir Singh son of Piara Singh, a member of Panchayat Pipli, took him from his residence along with his scooter and implicated him in the case.

Submissions by learned counsel for the parties

6. During the course of arguments learned counsel for the appellant has submitted that although, he does not wish to challenge the conviction of the appellant under Section 15 of the NDPS Act but he would be satisfied in case a lenient view is taken with respect t