Drug peddler sentenced to over 1 yr in jail
TNN | Apr 21, 2019, 07:19 IST
Ludhiana: A local court has sentenced a drug peddler to one years and two months of rigorous imprisonment after finding him guilty in a smack peddling case. Special court judge Kulbushan Kumar also imposed a fine of Rs3,000 on the convict, and in default of payment of fine, he would have to further undergo a rigorous imprisonment for 20 days. On 18 May 2016, Samrala police had booked Pargat Singh of Bhatian village in Ludhiana district under sections 21 and 61 of the NDPS (Narcotic Drugs and Psychotropic Substances) Act, after he was found in possession of 50g smack.
As per prosecution, ASI Pavittar Singh and other police officials were moving towards Lolarrhi Kalan village in a government vehicle for patrolling and checking of notorious elements at about 3pm on 18 May 2016. When the police party reached the first turn of the village, they saw a person coming on foot from the village side, who on seeing the police party got nervous and tried to turn back, but was apprehended by cops on suspicion. On searching the accused, police recovered 50g smack in a plastic box from the left pocket of his trousers, after which he was arrested. Police later produced a chargesheet of the case in court.
During the trial, the accused pleaded innocence. The additional public prosecutor for the state pleaded for punishment to the accused on the basis of prosecution evidence. The counsel for the accused pleaded that the accused had been falsely implicated, but the court did not find force in the defence counsel’s contention. According to the defence counsel, no independent witness was joined in the investigation at the time of alleged recovery of contraband from the accused.
The court turned down the defence counsel’s contention and observed: “It is true that the investigating officer had not joined any independent witness, though recovery has taken place from a busy area. There is nothing on record to show that false recovery was planted upon him, as no previous ill-will or enmity was either alleged or proved. Why the investigating officer will indulge the accused in a false case is not explained on record. In such a set of circumstances, that does not make any difference, because it is otherwise seen in common experience that people from the general public are always reluctant to assist the police officials in such matters.”
As per prosecution, ASI Pavittar Singh and other police officials were moving towards Lolarrhi Kalan village in a government vehicle for patrolling and checking of notorious elements at about 3pm on 18 May 2016. When the police party reached the first turn of the village, they saw a person coming on foot from the village side, who on seeing the police party got nervous and tried to turn back, but was apprehended by cops on suspicion. On searching the accused, police recovered 50g smack in a plastic box from the left pocket of his trousers, after which he was arrested. Police later produced a chargesheet of the case in court.
During the trial, the accused pleaded innocence. The additional public prosecutor for the state pleaded for punishment to the accused on the basis of prosecution evidence. The counsel for the accused pleaded that the accused had been falsely implicated, but the court did not find force in the defence counsel’s contention. According to the defence counsel, no independent witness was joined in the investigation at the time of alleged recovery of contraband from the accused.
The court turned down the defence counsel’s contention and observed: “It is true that the investigating officer had not joined any independent witness, though recovery has taken place from a busy area. There is nothing on record to show that false recovery was planted upon him, as no previous ill-will or enmity was either alleged or proved. Why the investigating officer will indulge the accused in a false case is not explained on record. In such a set of circumstances, that does not make any difference, because it is otherwise seen in common experience that people from the general public are always reluctant to assist the police officials in such matters.”
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