High Court of Punjab and HaryanaCRA-S/1339/2023dismissed

Gurwinder Singh Alias Guri v. State Of Punjab

2024-04-16Mr. Justice Deepak Gupta13 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH **** CRA-S-1339-2023 (O&M)

Reserved on: 09.04.2024

Pronounced on: 16.04.2024 GURWINDER SINGH ALIAS GURI . . . . APPELLANT Vs.

STATE OF PUNJAB . . . . RESPONDENT **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr. Jashandeep Singh Sandhu, Advocate, for the appellant. Mr. Baljinder Singh, DAG, Punjab.

**** DEEPAK GUPTA, J.

In Sessions Trial No.32 of 2023 (CNR No.PBFZ01-0040112019) arising out of FIR No.21 dated 14.04.2019 registered at Police Station Arif Ke, District Ferozepur, accused namely, Gurwinder Singh alias Guri (appellant herein) was put to trial by the Ld. Special Judge, Fast Track Court, Ferozepur and has been convicted under Sections 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and Sections 411 & 473 of the Indian Penal Code, 1860 (for short 'the IPC') vide judgement dated 25.04.2023. Vide a separate order of the even date, he was sentenced as under: - Offence/Under Section Imprisonment Fine In default of fine imprisonment 21 NDPS Act Rigorous imprisonment for a period of 10 years.

₹1,00,000/- Imprisonment for one year 411 IPC Rigorous imprisonment for a period of one year.

₹5,000/- Imprisonment for one months 473 IPC Rigorous imprisonment for a period of five year.

₹10,000/- Imprisonment for six months

All the sentences were directed to run concurrently. However, fine was not paid and the period of sentence undergone during trial was directed to be set off.

Against the aforesaid judgment of conviction and order of sentence, the present appeal is filed.

4.1 As per prosecution case, on 14.04.2019, Inspector Paramjit Singh (PW6), In charge of the police party alongwith ASI Jasvir Singh (PW5 and other police officials, were on patrolling duty in the area of Police Station City, Ferozepur. When they were present at Bus stop of Village Katora, Ferozepur-Mallanwala Road, Inspector Paramjit Singh received secret information that Gurwinder Singh alias Guri son of Lakha Singh, resident of Village Rukan Shah Wala, was habitual of selling huge quantity of drugs and supply the same on the stolen vehicles and on that day, he was coming in an Alto car from Village Daulatpura side to Arif Ke and that if siege is laid at T-Point of Village Daulat Pura, he could be apprehended alongwith the stolen car and Heroin. Believing secret information to be reliable, ruqqa Ex.

P24 was sent to the police station through Constable Vijay Kumar for registration of case. Special reports were also sent. 4.2 Sub Inspector Gurcharan Singh (PW2) reached the spot i.e. at the Naka held at T-Point of Village Daulat Pura. After some time, one 'Alto car', coming from the side of Village Daulatpura was intercepted. On inquiry, driver of the same disclosed his name as Gurwinder Singh alias Guri [accused - appellant herein] son of Lakha Singh, resident of Village Rukan Shaha Wala. He was apprised of the suspicion of some intoxicating substance in his possession as well as in the car make 'Alto'.

Gurcharan Singh, the Investigating Officer (hereinafter referred to as 'IO') after disclosing his identity, apprised the accused about his legal right to get his search as well as of Alto car conducted in presence of Illaqa Magistrate or from some Gazetted Officer, who can be called at the spot. Accused told that he intended to get his search as well as his car to be conducted in the presence of some Gazetted Officer. Dissent memo was prepared duly signed by the accused and other officials put their signatures as attesting witness. 4.3 After some time, DSP Sukhwinderpal Singh (PW4), alongwith his officials, reached at the spot, who introduced himself to the accused and also apprised him that as the police party was having suspicion that he was possessing some intoxicating substance, his search is to be conducted.

Accused reposed confidence and offered himself to get his search conducted from DSP Sukhwinderpal Singh. Consent memo was separately signed by the accused and attested by police officials. Effort was made to join independent witness but none was available. On directions of Sukhwinderpal Singh, DSP, SI Gurcharan Singh (IO) conducted search of the accused and from the left side of the pocket of the lower worn, one black coloured polythene envelope containing Heroin was recovered. On weighing the said Heroin, it came to be 270 grams, which was put into plastic container, converted into parcel and sealed with seal bearing impression 'GS'. Sample seal was prepared separately. After using seal, it was handed over to ASI Jasvir Singh. The parcel was also sealed by Sukhwinderpal Singh DSP with his seal bearing impression 'SPS'.

Seal was retained by him. Further, on search of Alto Car bearing No. PB-03- AZ-0267, no document regarding its ownership was recovered.

alongwith car make Alto bearing No.PB-03-AZ-0267 were taken into possession vide separate recovery memo. Other formalities were completed on the spot and statements of the witnesses under Section 161 Cr.PC were recorded.

4.4 During interrogation, accused suffered disclosure statement resulting in the recovery of car make Alto bearing No.HR-24-T- 5956 and Car make I-20 without number, which were taken into possession. 4.5 On return to the police station, SI Gurcharan Singh produced the accused alongwith case property i.e. parcel containing 270 grams of Heroin alongwith Car make Alto bearing No.PB-03-AZ-0267 as well as other cars recovered on the basis of disclosure statement i.e. car make Alto bearing No.HR-24-T-5956 and Car make I-20 without number, before SI Jaspal Singh. Accused was interrogated by SI Jaspal Singh. Thereafter, accused was sent to police lock up. Seals on the case property alongwith sample seals were tallied, found to be correct and intact. Thereafter, SI Jaspal Singh sealed the parcel with his seal bearing impression 'JS'. Sample seal was separately prepared. The case property was kept by SI Jaspal Singh in his possession in police malkhana. Statement of SI Gurcharan Singh recorded.

4.6 On 15.04.2019, case property alongwith accused was produced by SI Jaspal Singh before Learned JMIC, Ferozepur. On the basis of request, inventory proceedings were carried out by the learned Judicial Magistrate. The seals on the parcels were checked by Ld. Magistrate and after breaking open the same, two representative samples of 10/10 grams of heroin each were drawn separately, converted into parcels and sealed with

seal impression 'RSR'. Remaining 250 grams of heroin was converted into parcel sealed with seal impression 'RSR'.

4.7 On 22.04.2019, SI Jaspal Singh, SHO, vide road certificate dated 22.04.2019 sent Lady Constable Rajni Thind (PW3) to deposit the sample parcel in the office of Director Regional Testing Forensic Science Laboratory, Bathinda. Upon receipt of report of the Chemical Analyst and, after completion of investigation, accused was challaned to face trial under section 21/61/85 of the NDPS Act and, Section 379 & 411 of Indian Penal Code.

4.8 After hearing learned Addl. P.P for the State, learned defence counsel and perusing the documents attached with the report under Section 173 Cr.P.C, a prima facie case for commission of offence punishable under Section 21 of the Narcotic Drugs & Psychotropic Substances Act and Section 411, 473 of Indian Penal Code, having been made out against the accused, he was charge- sheeted accordingly. Accused denied his guilt, pleaded innocence and false implication.

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' The testimony of PW2 Inspector Paramjit Singh, the initial investigating officer of the case to be read with that of PW2 SI Gurcharan, the later IO prove that on the basis of secret information, accused was nabbed after laying a siege and that contraband was recovered from him after completing all statutory requirements. All the necessary details in this regard, as proved by him, have been duly corroborated by the testimonies of PW5 ASI Jasbir Singh and PW4 DSP Sukhwinderpal Singh. After completing the formalities, case property along with witnesses and the accused were produced before PW8 SI Jaspal Singh, SHO in the Police Station, who also verified the facts, inspected the case property and found the same to be correct and made his endorsement on the notice under Section 55 of the NDPS Act. All these witnesses have been grilled at great length during their respective cross-examinations but nothing material could be elicited so as to make them unreliable.

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1. Whether speaking/reasoned?

Yes

2. Whether reportable?

Yes