SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Surinder Singh Appellant has directed the present appeal against the judgment dated 22nd February, 2002 rendered by Special Judge, Jalandhar, whereby the Appellant was held guilty of an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act'). He was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The prosecution allegation against the Appellant is that on 13th December, 1999, at 7.40 p.m. five bags of poppy husk each weighing 40 kilograms were recovered from a Maruti van bearing registration No. DNB-3267 at village Nangal Fateh Khan, where SHO Swarandeep Singh along with his police officials held a nakabandi. The said Maruti van was being driven by Avtar Singh co-accused of the Appellant, whereas the Appellant was sitting at the back seat. He sent a ruqa Ex.PE to the Moharrir Head Constable Sadar, Jalandhar, on the basis of which formal FIR Ex.PE/1 was registered. It was stated in the ruqa that Inspector Swarandeep Singh PW-2, along with his companion police officials, had held a nakabandi at 5.00 p.m. in village Nangal Fateh Khan. At that time, from village Nauli, one white coloured Maruti van bearing registration No. DNB-3267 came and the same was apprehended. The driver of the van disclosed his name as Avtar Singh son of Sewa Singh resident of Pathralia, Police Station Bullowal. The person sitting on the back seat disclosed his name as Surinder Singh alias Chhinda son of Hazara Singh Caste Rajput, resident of Daroli Kalan, Police Station Adampur. The inspector told them that he suspected some contraband article being carried in their Maruti van and in case they desired, search of their person and the Maruti van could be got conducted before a Gazetted Officer or a Magistrate. Both the accused consented to get themselves searched from a Gazetted Officer. A separate memo to this effect was prepared, on which the accused had appended their signatures and a wireless message was relayed to Rajpal Singh, Deputy Superintendent of Police, Headquarter. At the spot, Piara Singh former Sarpanch of village Nurpur and Gurnam Singh present Sarpanch of village Muzaffarpur arrived. They also joined the investigation. After some time, Deputy Superintendent of Police on a Govt. Gypsy reached at the spot, along with his gunman. On the asking of the Deputy Superintendent of Police, the accused gave consent that search be conducted by him. From the Maruti van, five bags of poppy husk each weighing 40 kilograms, were recovered. From each bag, a sample of 250 grams was drawn and the remaining poppy husk in each bag weighing 39 kilograms and 750 grams was also taken into custody as case property. A seal of 'SDS' was affixed on each sample parcel and the case property, and the seal after use was handed over to SI Sangram Singh. Thereafter, Deputy Superintendent of Police had affixed his seal on each of the parcels containing the samples and the case property. A recovery memo was prepared and ruqa was sent to the Police Station for registration of a case under Section 15 of the Act, as the accused could not justify the possession.

(3.) The above said FIR was investigated and report under Section 173 Code of Criminal Procedure was submitted to the Court of Special Judge, Jalandhar, who on 13th March, 2000, charged the present Appellant and his co-accused Avtar Singh for an offence punishable under Section 15 of the Act. The charge stated that on 13th December, 1999 at 7.40 p.m. in the area of village Nangal Fateh Khan, the accused were found in possession of 200 kilograms of poppy husk. The Appellant and his co-accused Avtar Singh pleaded not guilty and claimed trial.