words per minute
15
Deepak_Shakya
00:00
Speed
03/01/2019 The appellant assails his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the NDPS Act) sentencing him t rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/ (Rupees one lakh only), with a default stipulation. An F.I.R. was lodged on 03.02.1997 by PW1, Chand Singh, SubInspector of Balianwali Police Station, that while on patrol duty, he was accpmpanied by Darshan Singh, Sarpanch and Assistant SubInspector Balwinder Singh. The witness entertaines doubts about the appellant upon seeing him. PW4, Shri Rajinder N.Dhoke, IPS a gazetted officer, was called and the appellant was searched, leading to recovery of 4 kg of opium in a bag carried by him. The consent memo, Exhibit PB was signed by Darshan Singh and PW 1. The seized opium was separated into a sample of 20 gm. and 3 kg 980 gm. The specimen seal was prepared by PW 1 and after use, the seal was handed over to ASI, Balwinder Singh, 'Ruqa' was prepared by PW 1 and forwarded to Balianwali Police Station. PW3, Assistant SubInspector, Darshan Singh registered the formal F.I.R. and handed over investigation to PW 1. Upon conclusion of investigation, the appellant was chargesheeted, put on trial, and convicted. Sh. Chanchal Kumar Ganguli, learned Counsel for the appellant submitted that the NDPS Act being a stringent law carrying a reverse burden of proof there had to be strict adherence to the law and procedures. The investigation ought not to be in a manner leaving a genuine apprehension in the mind of the accused that it was not fair and bonafide. No reasons have been furnished why Darshan Singh and ASI Balwinder Singh have not been examined by the prosecution. No explanation has been furnished by PW 1 why he did not deposit the seized narcotics in the malkhana.