STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Respondents faced trial for alleged commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act). Sans unnecessary details the prosecution version is as follows:

(3.) On 28-6-1987, Inspector Karnail Singh along with Head Constable Shamsher Singh, Head Constable Surjit Singh and other Police Officials, were going from Moga to Talwandi Dosanjh in Govt. Jeep for the search of suspects. When they reached on the crossing of Talwandi Bhangarian, Dosanjh, a bullock cart was seen coming from opposite side. Accused Sukhwinder Singh was driving that cart whereas his co-accused Kuldip Singh and Balbir Singh were sitting on bags carried on that cart. The police party asked accused-Sukhwider Singh to stop the cart. Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot. On search of the cart, 18 bags containing poppy husk were recovered from it. The weight of each of those bags was told to be 45 kg. by accused Sukhwinder Singh. 250 grams poppy husk was taken out as sample from each of the bags. The sample and the bags containing the remaining poppy husk were separately sealed with the seal and taken into possession vide recovery memo Ex. PA attested by HC Surjit Singh. The seal after use, was given to HC Surjit Singh. Specimen impression of the seal, EX. P.19 was prepared. The cart was also taken into possession through the same memo Ex. PA. The Inspector sent ruqa Ex. PB to the Police Station on the basis of which FIR, PB/1 was recorded. Site plan (Ex. PC) was prepared. Statements of PWs were recorded. The bags were weighed on way back on the Saw Mill at Village Duneke. On return to the Police Station, the Inspector deposited the case property with seals with MHC Sukhdev Singh. The copies of the FIR and the Wireless message were sent to the higher authorities. Accused Kuldip Singh and Balbir Singh who escaped from the spot on the day of recovery were subsequently arrested by the Police on 23-7-1989 and 24-7-1989 respectively.