STATE OF PUNJAB Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) The present appeal is an appeal filed by the State of Punjab challenging the judgment and order dated 20.08.2007 passed by the High Court of Punjab & Haryana whereby the High Court acquitted the respondents herein of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short "NDPS Act"], thereby reversing the judgment and order of conviction and sentence passed by the trial Court, i.e., the Special Court, Patiala. The trial Court convicted the respondents herein under the aforesaid section and sentenced each of them to suffer rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1 lakh each, and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) The prosecution case, in brief, is that on 23.04.2002 Sub- Inspector, Tejinder Singh [PW-4], who was the then Station House Officer [for short "SHO"] of the Police Station, Ghagga accompanied by Sub-Inspector Ajaib Singh, Assistant Sub- Inspector Surinderpaljit Singh [PW-3] and constables, viz., Faqir Chand, Kulwant Singh and other police officials were present at village Shahpur and were going around in the course of their routine duty of checking of the religious places in the said village. It was during the course of patrolling that they also visited a temple of Udasi Community on Shahpur Tilla and saw that on the nearby passage a man and woman were sitting on some plastic bags. As soon as the respondents saw the police party, they tried to hide themselves behind the said bags. On seeing the aforesaid conduct of the respondents, the police party became suspicious and therefore approached them to enquire from them their identity. Respondent No. 1 gave his name as Lakhwinder Singh @ Lakha whereas the woman [respondent No. 2] disclosed her name as Balwinder Kaur.

(3.) The SHO [PW-4] then informed the respondents about his suspicion of the said bags containing contraband and also of his intention to conduct a search of the bags. Accordingly, PW-4 offered them as to whether they wanted to be searched by him or by a Gazetted Officer or a Magistrate. At this, respondents refused to be searched by PW-4 and consequently, the Sub-Inspector sent a wireless message to send a Gazetted Officer or a Magistrate. Upon this Jaspreet Singh Sindhu, DSP, Samana arrived at the said place and disclosed his identity to the accused persons and separately asked the respondents as to whether they wanted their search to be conducted by a Gazetted Officer or a Magistrate. Lady Constable Harjit Kaur was also called at the spot. On being so asked, both the respondents gave their consent to be searched before the DSP. In the meantime, Gurnam Singh, Lamberdar of village Kakrala also joined the police party and he also thumb marked the consent memo. Thereafter, a search of the bags on which the respondents were sitting, numbering 35, was conducted and poppy husk was found in all the 35 bags.