IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:04.11.2025 Malkiat Singh …Appellant Versus State of Punjab …Respondent CORAM: HON’BLE MRS. JUSTICE LISA GILL HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Argued by:- Mr. D.N. Ganeriwala, Advocate and Mr. Kanisth Ganeriwala, Advocate for the appellant.

Mr. Raghav Garg, AAG, Punjab for the respondent-State.

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Meenakshi I. Mehta, J.

By way of instant Criminal Appeal, the afore-named appellant has laid challenge to the judgment and order on sentence, handed down by learned Judge, Special Court, Ferozepur (for short ‘the trial Court’), on 01.04.2014 in the criminal case arising out of FIR No.08 dated 19.01.2013 as registered at Police Station Mamdot, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’), whereby he (appellant) has been held guilty for committing the offence punishable under Section 21 of the Act and has been sentenced to undergo rigorous imprisonment for a period of 12 years and pay a fine of Rs. one (01) lac and in case of default in the payment of fine, to further undergo rigorous imprisonment for 06 months.

2. Shorn and short of unnecessary details, the facts, leading to the filing of present appeal, are that on 19.01.2013, Inspector Joginder Singh, along-with some other police officials, was going from Village Rahime Ke to Village Sadar Ke, in connection with checking of suspected vehicles and the persons on private vehicles. On the way, they held ‘Nakabandi’ (putting up barricades) at the bridge on Canal Minor in the area of Village Rahime Ke. There, they saw a young person coming from Village Sadar Ke side on a motor-cycle, without registration number. On seeing the police party, that person turned the motor-cycle back but however, in the meantime, its engine stopped. On suspicion, the above-said motor-cyclist was apprehended and on interrogation, he disclosed his name as Malkiat Singh (appellant). The afore-named Inspector apprised the appellant of his right to get his own search as well as the search of his motor-cycle and the plastic bag, as kept thereon, conducted by him or some Gazetted Officer or a Magistrate. The appellant opted for getting the search conducted in the presence of any Gazetted Officer. Then, the Inspector informed Sh. Jasbir Singh, Deputy Superintendent of Police, Ferozepur, on his mobile-phone, about the facts of the case, with a further request to him to arrive at the spot and he (DSP) reached there accordingly and disclosed his identity to the appellant and sought his option regarding his search and the search of plastic bag and motor-cycle by him (DSP) or any other Gazetted Officer or Magistrate. The appellant consented for his own search and the search of plastic bag and motor-cycle by the DSP vide Consent Memo Exhibit PC. Thereafter, the plastic bag, as lying on the front side of motor-cycle, was opened and its search resulted in the recovery of six (06) packets, containing heroin. Two (02) samples, each weighing 10 grams, were separated out from each packet and these samples, along-with the remaining heroin in the packets, which weighed 980 grams each, were separately packed and sealed with the seals bearing impressions ‘JS’ and ‘JS’. Specimen seal was prepared on Form M- 29. The appellant was arrested. On returning to the police station, the case property, along-with the appellant and witnesses and Form M-29, was produced before ASI Karnail Singh, the officiating SHO who, after verifying facts of the case, sealed all the eighteen parcels with his seal having impression ‘KS’. Further necessary investigation was, then, carried out and on the completion thereof, Challan/Police Report under Section 173 Cr.P.C was prepared against the appellant and was presented in the Court.

3. After hearing learned Public Prosecutor for the State and learned defence counsel and perusing the Challan/Final Police Report as also the documents annexed therewith, learned trial Court framed the cha