IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-1631-SB-2014 (O&M)

Date of decision: 27.02.2025 Gurjit Singh and another ... Appellants Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shubhdeep Singh Chhatwal, Advocate for Mr. Ajaivir Singh, Advocate for the appellants.

Mr. Sandeep Kumar, DAG, Punjab.

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HARPREET SINGH BRAR, J. (ORAL)

CRM-7723-2025

1. This application has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for fixing an actual date of hearing in the main appeal.

2. In view of the averments made in the application, same is allowed. With the consent of both the parties, the main appeal is taken on board for final disposal today itself.

CRA-S-1631-SB-2014

3. Instant appeal has been preferred against the judgment of conviction dated 31.03.2014 and the order of sentence of even date passed by learned Judge, Special Cout, Patiala, in FIR No.145 dated 13.09.2009 under Sections 18/25/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Julkan, District Patiala, vide which the appellants were convicted and sentenced under Section 18 of NDPS Act and were ordered to undergo rigorous imprisonment for a period of 05 years and to pay a fine of Rs.20,000/- each along with default mechanism.

4. Briefly, the facts of the case are that on 13.09.2009, ASI Nirmal Singh along with other police officials was on patrolling duty and was going from Village Hajipur towards Anaj Mandi, Dudhan Sadhan and en route, they met Gurnam Singh, Sarpanch son of Gian Singh, resident of Village Hajipur and he was accompanied by the police party. At about 02.30 p.m., when the police party reached at bridge of Canal Minor near godown, two Sikh gentlemen were seen coming on a scooter make Bajaj Chetak bearing registration No.CH-03-A-5179. On seeing the party party, they tried to turn back the scooter. However, on the basis of suspicion, ASI Nirmal Singh, with the help of fellow police officials, apprehended them. Upon inquiry, the person, who was driving the scooter disclosed his name as Gurjit Singh and the pillion rider disclosed his name as Gurmail Singh. ASI Nirmal Singh disclosed his identity to the accused persons and said that he wanted to conduct their search, as he had suspicion of carrying some narcotic substance by them. Upon apprising the accused persons of their right to get the search conduted in the presence of a Gazetted Officer or a Magistrate, they expressed their desire to get their search conducted by a Gazetted Officer. The joint dissent statement of both the accused was recorded and thereafter, ASI Nirmal Singh made a call to DSP(R) Devinder Singh, who reached at the spot and after disclosing his identity, the accused reposed confidence in him and in this regard, consent memo was recorded. After that, as per directions of DSP(R) Devinder Singh, ASI Nirmal Singh conducted search of the accused persons and aforementioned scooter and from the dicky of the scooter, opium wrapped in a glazed paper was recovered. After completing all the necessary formalities, FIR (supra) was registered.

5. The appellants were convicted by learned Judge, Special Court, Patiala, vide judgement of conviction and order of sentence dated 31.03.2014 to undergo rigorous imprisonment for a period of 05 years and to pay a fine of Rs.20,000/- each along with default mechanism.

6. Learned counsel for the appellants, at the very outset, submits that vide order dated 05.12.2014 passed by this Court, sentence of the appellants was suspended and thereafter, during pendency of the present appeal, appellant No.2 Gurmail Singh has passed away.

7. In view of the above, instant appeal qua appellant No.2 Gurmail Singh stands abated.

8. Learned counsel on behalf of appellant No.1 Gurjit Singh contends that he is not assailing the impugned judgment of conviction dated 31.03.2014 on merits and restricts his prayer to modification of the o