IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (203)

CRA-2439-SB-2009 (O&M)

Reserved on:-24.02.2025 Date of Decision: 25.02.2025 Santosh Kumar ... . Appellant Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. H.S. Sidhu, Advocate, for the appellant.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

****

JASJIT SINGH BEDI, J.

The present appeal has been filed impugning the judgment dated 10.10.2009 passed by the Special Judge, Moga whereby the accused-

appellant/Santosh Kumar alongwith his co-accused came to be convicted.

2. The FIR in the present came to be registered on 07.06.2009. The judgment of conviction and order of sentence was passed on 10.10.2009 by the Special Judge, Moga. The instant appeal was filed on 14.10.2009 and has come up for final hearing now i.e. after a period of almost 16 years from the date of registration of the FIR.

3. As per the facts of the case on 07.06.2009, SI Iqbal Singh, HC Para Singh alongwith the police party were going on their government Gypsy No. PB-29H-8312 driven by constable Amarjit Singh for patrolling from Amritsar Road, Moga-Zira road and then towards grain market Moga.

At about 11.00 a.m., when the police party turned in side from the bridge of canal minor they saw one motor cycle colour red coming from the opposite direction on which three persons were traveling. The said motor cycle was bearing No. PB-29H-7948 and it was coming from Grain Market towards Zira Road. On seeing the police party, they got confused and tried to turn back. As a result of this, their motor cycle fell down. SI Iqbal Singh stopped the vehicle and those three persons were apprehended on the basis of suspicion. The person who was driving the motor cycle disclosed his name as Piara Singh. The second person disclosed his name as Santosh Kumar and the third person disclosed his name as Anil Kumar. SI Iqbal Singh asked those persons that he suspected some intoxicant material in their possession and their search was required. They were apprised of their legal right to get the search conducted in the presence of a Gazetted Officer or a Magistrate. The three persons reposed confidence in the investigating officer for their search. Regarding this, a consent memo was prepared which was duly signed by the accused and witnesses. An effort was made to join some private witness in the police party but nobody was available. SI Iqbal Singh conducted the search of accused persons as per the rules. On the personal search of Santosh Kumar, opium wrapped in a polythene paper and tied around his abdomen with a piece of cloth/Parna under his shirt was recovered. Weights and scale were arranged. A sample of 10 grams of opium was drawn separately which was sealed in plastic container. The remaining opium came out to be 490 grams. It was also put in a plastic container alongwith the piece of cloth. Both the sample and the bulk case property were sealed by the investigating officer with his seal bearing impressions IS. Sample seal impression was prepared on form M-29. The seal after use was handed over to HC Tara Singh. The above said case property alongwith motor cycle and its RC were taken into police possession. On personal search of accused Piara Singh cash of Rs. 120/-, on personal search of Santosh Kumar cash of Rs. 80/- and on personal search of Anil Kumar Rs. 50/- were recovered and separate personal search memos were prepared. The accused persons were arrested in this case. On the basis of this, a ruqa was written and it was sent to the police station through HC Paramjit Singh on the basis of which the formal FIR was recorded. The site plan of the place of recovery was prepared. The statements of the witnesses were recorded. All the accused were arrested in this case. On return to the police station, they were produced before SHO/SI Ram Singh. He made inquiry from the accused persons and checked the parcels of case property. The entire case property along with form M-29 was taken possession b