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TITLE: Gurjinder Singh v State of Punjab

Decided On-:01.6.2023

CRA-S-2808-2019 (O&M)

CORAM: Hon’ble Justice Mr. Sandeep Moudgil

INTRODUCTION-   The trial judge in question, a learned trial judge who presided over the case under Section 22(c) of the NDPS Act, then proceeded to record a finding of guilt against the defendant. The accused convict has made the decision to file the current criminal appeal before this Court because he is dissatisfied with the above-drawn verdict of conviction as well as the subsequent sentences of imprisonment and fine that the learned convicting Court concerned imposed upon him.

FACTS OF THE CASE-

According to the case’s facts, Along with other law enforcement officers, ASI Nirmal Singh, who was assigned to PS Balachaur in the District of SBS Nagar, was out on patrol to check for dishonest characters travelling from Majaari to the direction of Mehndpur. When the police party arrived close to the Village Mehndpur cremation ground, they saw four people exiting a tube well in Jarnail Singh’s fields. They became terrified at the sight of the police party and tried to flee. They were also being pursued by the police, who caught one of them after he had collapsed in some fields. The person who was caught threw a polythene bag into the fields from his pocket. The bag in question was torn when it was picked up by the investigating officer. The aforementioned bag included four Dispovan-branded syringes, three injections, and intoxicating powder.

He identified himself and his address as Gurjinder Singh @ Ginda when questioned. He then weighed the potent polythene bag that Gurjinder Singh had thrown into the fields and that he had picked up; the weight of the bag was 372 gms. Three injections and four syringes were also placed in another parcel along with the aforementioned intoxicating powder. He sealed both packages with his seal, which had the impression “NS.” The suspect was taken into custody and thoroughly searched. The formal FIR was registered based on the rule that the investigating officer had prepared.

COURT ANALYSIS AND DECISION

As a result, he went on to file a charge against the defendant for a violation of Section 22(c) of the NDPS Act. The accused was presented with the previously stated charge; he pleaded not guilty and demanded a trial.  The prosecution used five witnesses to support its case, and the learned public prosecutor in question then concluded the prosecution’s evidence. However, the prosecution has been able to present convincing evidence that the seizure was recovered, carried out at the crime scene, and then sealed with the appropriate seal impressions. However, reading the FSL report (supra) also reveals that the sealed cloth parcels were received there, keeping the seal impressions on them intact.It would seem that the material was placed in loose cloth parcels after being examined by the concerned chemical examiner, and that these loose cloth parcels were then sent to the person in charge of the malkhana in an unsealed condition.

“The result of the above discussion, is that, this Court finds merit in the appeal, and, is constrained to allow it. Consequently, the appeal is allowed. The impugned judgment convicting, and, sentencing the appellant, and, as become recorded by the learned trial Judge concerned, is quashed, and, set aside. The appellant is acquitted of the charge framed against him.”

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Written by-  Steffi Desousa

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