(207) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 24.02.2025 JARNAIL SINGH @ JAILA ... Appellant Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Naveen K. Sheoran, Legal Aid Counsel for the appellant.

Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

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JASJIT SINGH BEDI, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 01.12.2010 passed by the Judge, Special Court, Patiala.

2. The FIR was registered on 08.03.2009, the judgment of conviction and order of sentence passed by the Judge, Special Court, Patiala is dated 01.12.2009, the appeal was filed on 18.12.2010 and the matter is being taken up for hearing now i.e. after a period of more than 15 ½ years from the date of registration of the FIR.

3. The brief facts of the case are that on 8.03.2009, SI Mohinder Singh along with a police party was proceeding from main road Rajpur- Patiala towards Gobindpura in connection with patrolling duty. At about 12.10 p.m., about 200 yards away from the main road, one person was seen coming who was carrying a plastic bag on his head. On seeing the police party, he at once, turned back and started walking swiftly. On suspicion, SI Mohinder Singh apprehended the said person with the help of his police companions. On inquiry, the person disclosed his name as Jarnail Singh and also disclosed his other particulars. Then, HC Balbir Singh was dispatched to associate a private person, who returned after 10/15 minutes along with one person namely Narain Bharti. The said independent witness was apprised of the factual position. Then, SI Mohinder Singh stated to Jarnail Singh that he suspected him to be carrying some narcotics substance in the plastic bag carried by him and he wanted to conduct the search of the plastic bag. He also apprised Jarnail Singh of his right to get the search conducted in the presence of a Gazetted Officer or a Magistrate, who could be called to the spot. However, Jarnail Singh reposed confidence in SI Mohinder Singh and expressed his desire to get the search conducted from him, upon which, a consent memo was separately prepared.

Thereafter, SI Mohinder Singh conducted a search of the plastic bag of the accused, which led to the recovery of poppy husk. Two samples of 100 grams each were separated and residue poppy husk weighed 11 kgs. 800 grams. Separate parcels of the samples and residue poppy husk were prepared and were sealed with the seal bearing impression "MS". Sample seal was separately prepared, and the same, after use, was handed over to Narain Bharti. Thereafter, all the aforesaid parcels along with the sample seal were taken into possession vide a separate memo. A Ruqa was sent to the police station, on the basis whereof, a case was registered against the accused U/s 15 of the NDPS Act and thereafter other proceedings were conducted at the spot. On return to the police station, the accused and the case property were produced before Inspector/SHO Gurdev Singh, who verified the factum of recovery and counter sealed the parcels and sample seal with his seal bearing impression "GS". Thereafter, the case property was deposited in intact condition with MHC Sahib Singh. During the course of investigation, one sample parcel was sent to the office of the Chemical Examiner and the latter, vide his report, opined that the contents of the sample were "Chura Poppy Heads". On completion of the investigation, the accused was sent up to face trial for the commission of the offence U/s 15 of the NDPS Act.

4. Charges were framed against the accused under Section 15 of the NDPS Act.

5. The prosecution examined five witnesses besides adducing documentary evidence. The gist of these statements are as under:- SI Mohinder Singh, who was investigation officer of the present case was examined as PW1 and deposed about the mode and manner of interception of the accused and option qua search having been extended to the accused