LUDHIANA: A local court has sentenced a drug peddler to 10 years rigorous imprisonment after 270gm intoxicant powder and 2gm heroin was recovered from him. Judge of special court, Ashok Kapoor also imposed a fine of Rs 1 lakh on the convict and in default of payment of fine, he will have to further undergo rigorous imprisonment for two years.
On 29 June 2018, Sadar Jagraon police had booked the accused Harkirat Singh of Chownkiman village in Jagraon area under NDPS Act after the contraband was recovered from him.
As per prosecution, on the date, a police party headed by assistant sub-inspector (ASI) Surjit Singh, incharge Chownki Maan police post was patrolling from Chownki Maan to Sohia village and at about 5pm, it saw a person sitting near the wall of a ground. On suspicion, he was apprehended at the spot and the police later recovered the drugs from him.
During the trial, the accused pleaded false implication. The court held that the argument of counsel for the accused that a false case has been planted, has not been substantiated on record as the accused did not choose to examine any witness in this case.
Counsel for the accused further contended that prosecution witness ASI Surjit Singh knew the accused and planned false recovery. The court held that the accused did not make any complaint to the higher police authorities or court with regard to false recovery effected from the accused.
“Hence, this contention has no force to rescue the accused from his criminal liability and he has also failed to produce and examine any witness in support of his claim in this case,” the court remarked.
When the defence counsel contended that no independent witness was joined at the time of investigation, the court cited the Supreme Court judgment wherein the apex court had held that there is no prohibition to the effect that police official cannot be witness or that his deposition cannot be relied upon. “Said deposition cannot be discarded merely on the ground that he belongs to police force and is interested in the investigation or prosecution agency.”
