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3. The case of the prosecution in a nutshell is that on 20.12.2009 SI Rajbir Singh Incharge CIA staff Amritsar Rural along with other police officials had laid a picket at the turn of Tarn Taran Bye Pass, G.T. Road, Jandiala. At about 1.30 PM one truck PB-02-D-9723 came from Amritsar side. On being signalled to stop the driver stopped his truck and came down. He disclosed his name as Ranjit Singh. In the mean time, one clean shaved person and one turbaned person having cardboard boxes on their heads got down from the back of the truck and tried to run away. The police went after them. The turbaned person was apprehended but the clean shaved person (Surinder Kumar Uppal s/o Chaman Lal) who was earlier known to SI Rajbir Singh threw the cardboard box on the ground and managed to escape through the fields. The arrested person disclosed his name as Hardip Singh son of Mustan Singh r/o Butala. He also revealed that the person who had run away from the spot was Surinder Kumar Uppal r/o Khalchian. SI Rajbir Singh introduced himself to the truck driver Ranjit Singh and Hardip Singh. He apprised them of their legal right to be searched in the presence of a Gazetted Officer or Magistrate. Ranjit Singh reposed confidence in him and agreed to get himself searched from him. Consent memo Ex.P2 in this regard was prepared. Hardip Singh stated that he wanted himself to be 2 of 17 searched before Gazetted Officer . The non consent memo Ex.P1 of accused Hardip Singh was prepared. Amrik Singh Pawar, DSP, Baba Bakala was called. The personal search of accused Ranjit Singh was conducted by SI Rajbir Singh in the presence of other police officials. One mobile phone make 1650 Nokia was recovered from the right pocket of his trousers and one purse which contained his driving license and currency notes of Rs.50/- was recovered from the back side pocket of his trouser. The personal search memo Ex.P3 was prepared. From the search of cabin of the truck one permit part B was recovered. The truck along with permit was taken into possession vide seizure memo Ex.P4. At about 2.05 PM Amrik Singh Pawar, DSP Baba Bakala reached the spot. He disclosed his identity to accused Hardip Singh. He apprised Hardip Singh of his legal right to get himself searched from some Magistrate or from some other Gazetted Officer. Accused Hardip Singh reposed confidence in him. His consent memo Ex.P5. On search of the cardboard box in the possession of Hardip Singh, intoxicant capsules and tablets wrapped in different poly bags namely 1800 capsules of Parmodex, 400 capsules of Parvon Spas, 720 capsules of Spasmo Proxyvon, 1000 tablets of Dexovon, 14000 tablets of Microlit and 1000 tablets of Nitrazepam were recovered. From them 10/10 capsules/tablets each were taken out as sample. They were converted into 2/2 sample parcels. All these twelve parcels and remaining six bulk parcels were sealed by SI Rajbir Singh & DSP Amrik Singh Powar with their seal impression RS and AS. Relevant portion of Form M-29 was filled. SI Rajbir Singh handed over the seal after use to SI Surinder Mohan. The DSP kept his seal with him.

4. On search of the cardboard box which was thrown by accused 3 of 17 Surinder Kumar Uppal, 7000 capsules of Dexvon, 1400 Capsules of Spasmo Proxyvon, 3200 capsules of Parvon Spas, 1220 capsules of Proxyvon, 20000 tablets of Microlit, 10000 tablets of Piotil, 1000 tablets of Sudhimol and 1250 tablets of Nitrazepam were recovered. Two samples of 10/10 capsules and tablets of each type were taken out. All the sixteen samples and eight bulk parcels were sealed by SI Rajbir Singh and DSP Amrik Singh Powar with their seal impression RS and AS. Form M-29 was prepared. The sample seal was handed over to SI Surinder Mohan. The sample parcels, bulk parcels, sample seal impression & Form M-29 were taken into possession vide separate recovery memos in the presence of witnesses. Ruqa was sent to the police station for registration of case on the basis of which formal FIR Ex.PA/1 was recorded. Rough site plan of the place of recovery was prepared. Statement of witnesses under Section 161 Cr.P.C. were recorded. On coming back to the police station the sample parcels, bulk parcels along with sample seal and Form M-29 were handed over to SHO Arun Sharma who after checking the same sealed them with his seal AS and kept the same in the Malkhana. The sample parcels and bulk parcels along with sample seals were produced before the Ld. Ilaqa Magistrate. As per his order the bulk parcels and 14 sample parcels were deposited in the judicial malkhana. 14 sample parcels were sent for FSL examination through HC Sukhjit Singh. On receipt of report of the chemical examiner and completion of investigation the challan was filed.

9. PW2 Inspector Rajbir Singh stated that on 20.12.2009, he was posted as SI Incharge at CIA Staff, Rural and on that day he along with other police officials were on Government vehicle being driven by HC Balwant Singh. Picket was laid at turn Tarn Taran Bye Pass, G.T. Road, Jandiala. At about 1.30 PM from the side of Amritsar one truck PB-02-D-9723 was signalled to stop. The truck driver stopped his truck and came down. He disclosed his name as Ranjit Singh. In the meantime from the backside of the truck one clean shaven person and one turband person having cardboard boxes on their head tried to ran away in backward direction. He along with other police officials followed them. The turbaned person was apprehended. The clean shaved person was earlier known to him and his name was Surinder Kumar Uppal s/o Chaman Lal. He threw the cardboard box from 5 of 17 his head and managed to escape through the fields. The turbaned person disclosed his name as Hardip Singh son of Mustan Singh r/o Butala. He disclosed the name of person who ran away from the spot as Surinder Kumar Uppal r/o Khalchian. SI Rajbir Singh disclosed his identity to truck driver Ranjit Singh and Hardip Singh and stated that he is suspicious that the accoused had some Narcotic Substance in their possession for which their search was to be conducted. He apprised them of their legal right to be searched in the presence of Gazetted Officer or Magistrate. Accused Ranjit Singh reposed confidence in him. Hardip Singh wanted himself to be searched before Gazetted Officer. The non- consent memo Ex P-1 of Hardip Singh was prepared which was signed by the accused and attested by SI Surinder Mohan and HC Jaswant Singh as witnesses. Shri Amrik Singh Pawar, DSP, Baba Bakala was requested to reach at the spot. Independent witness was tried to be joined in the investigation but in vain. The consent memo of accused Ranjit Singh Ex.P2 was prepared. The personal search of accused Ranjit Singh was conducted. From the right pocket of his pant one mobile phone make 1650 Nokia and from the back pocket of his pant, one purse was recovered which contained his driving license and currency notes of Rs.50/-. Personal search memo of accused Ranjit Singh Ex.P3 was prepared. On search of cabin of the truck, one permit part B was recovered. The truck along with permit was taken into possession vide seizure memo Ex.P4. At about 2.05 PM Amrik Singh Pawar, DSP Baba Bakala reached at the spot. He disclosed his identity to accused Hardeep Singh. He apprised the accused of his legal right to get himself searched from some Magistrate or from some other Gazetted Officer. Accused Hardip Singh reposed confidence in him and his consent memo Ex.P5 was prepared which was 6 of 17 signed by the accused. It was attested by him (SI Rajbir Singh) and SI Surinder Mohan as witnesses. On search of the cardboard box in the possession of the accused intoxicant capsules and tablets wrapped in different poly bags were recovered. 1800 capsules of Parmodex, 400 capsules of Parvon Spas, 720 capsules of Spasmo Proxyvon, 1000 tablets of Dexovon, 16000 tablets of Microlit and 1000 tablets of Nitrazepam were recovered. From them 10/10 capsules/tablets each were taken out as sample. They were converted into 2/2 sample parcels. All these twelve parcels and remaining six bulk parcels were sealed by SI Rajbir Singh & DSP Amrik Singh Powar with their seal impression RS and AS. Relevant portion of Form M-29 was filled. SI Rajbir Singh handed over the seal after use to SI Surinder Mohan. The DSP kept his seal with him. Accused failed to produce any bill, permit or licence. Hence, same were taken into possession vide recovery memo Ex.P6.

10. On search of the cardboard box which was thrown by accused Surinder Kumar Uppal, 7000 capsules of Spasmo Proxyvon, 3200 capsules of Parvon Spas, 1220 capsules of Proxyvon, 20000 tablets of Microlit, 10000 tablets of Piotil, 1000 tablets of Sudhimol and 1250 tablets of Nitrazepam were recovered. Two samples of 10/10 capsules and tablets of each type were taken out. All the sixteen samples and eight bulk parcels were sealed by SI Rajbir Singh and DSP Amrik Singh Powar with thier seal impression RS and AS. Form M-29 was prepared. The sample seal was handed over to SI Surinder Mohan. The sample parcels, bulk parcels, sample seal impression & Form M-29 were taken into possession vide separate recovery memo in the presence of witnesses. During the personal search of accused Hardip Singh, two currency notes of Rs.50/- denomination were 7 of 17 recovered and his personal search memo is Ex.P8. All the above said memos were attested by SI Surinder Mohan and HC Jaswant Singh as witnesses. Both the accused were arrested in the present case vide separate arrest memo Ex.P9 and Ex.P10 and intimation regarding the arrest of the accused was given to them and their legal heirs and their intimation memos are Ex.P11 and Ex.P12. All the memos were attested by SI Surinder Mohan and HC Jaswant Singh as witnesses and signed by accused and their legal heirs respectively. Ruqa Ex.PA was sent to police station through HC Saroop Singh and formal FIR Ex.PA/1 was registered. Rough site plan Ex.P13 was prepared. He along with other police officials, both the accused, with the case property, sample seal and Form M-29 reached the police station and produced the same before SHO Arun Sharma. The latter after checking the intactness of the seals affixed his seal AS on all the parcels and on Form M-