MUKHTIAR KAUR AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 8.9.2006 passed by the court of learned Judge, Special Court, Barnala whereby he convicted and sentenced the accused Mukhtiar Kaur and Amritpal Singh to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine the defaulter to further undergo rigorous imprisonment for two years.

(2.) The minimal facts are that on 4.1.2003 ASI Nahar Singh accompanied by other police officials happened to be present at Grain Market Sehna at 1.00 P.M. He received a secret information interalia to the effect that accused Mukhtiar Kaur as well as Amritpal Singh deal in the sale and purchase of poppy husk and they were going on canter bearing registration No. PB-03F-2242 carrying poppy husk. This information was embodied into a ruqa, which was sent to the Police Station, wherein on its basis F.I.R. was registered. The police party went to the disclosed place and set up a naka. One Balbir Singh an independent witness alongwith HC Jasbir Kaur and Constable Swaran Kaur was associated with the police party. The D.S.P. Sukhminder Singh Mann also came at the spot. After a short while, the aforementioned canter was spotted approaching from the opposite direction. The same was signalled to stop. The driver stopped this vehicle at some distance and managed to escape. He was identified as Amritpal Singh accused. The lady sitting by his side in the vehicle, disclosed her name as Mukhtiar Kaur. She told the police that the escaper was her son Amritpal Singh. She was offered to be searched before a Gazetted Officer or a Magistrate. She opted to have the search in the presence of a Gazetted Officer. She reposed confidence in the aforesaid DSP. On search of the vehicle two bags were recovered. The contents of each bag which were found to be poppy husk, when weighed came to 34 Kgs out of which two samples each weighing 250 grams were drawn and converted into parcels. The case property including the sample parcels were sealed with seal NS. The seal after use was handed over to aforesaid Balbir Singh. She was arrested. On 12.1.2003 the accused Amritpal Singh was put under arrest. After completion of investigation, the charge-sheet was filed in the court for trial of the accused.

(3.) The accused Mukhtiar Kaur as well as Amritpal Singh were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 HC Gurpal Singh, PW-2 Constable Baldev Singh, PW-3 S.I. Paramjit Singh, PW-4 Raj Kumar Junior Assistant in DTO Office, Moga, PW-5 DSP Sukhminder Singh Mann, PW-6 ASI Nahar Singh and closed its evidence.