HARBHAJAN SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is by Harbhajan Singh, Lal Singh @ Lali and Balbir Singh against the judgment of conviction dated 27.9.2007 and order of sentence dated 01.10.2007 passed by the Special Court, Amritsar, whereby all the appellants were convicted for an offence punishable under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced for varying terms i.e. appellants Harbhajan Singh and Balbir Singh are sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac each whereas, appellant Lal Singh is sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1 lac. In the event of default of payment of fine, the defaulters were to further undergo rigorous imprisonment for a period of 1 years.

(2.) The prosecution case was set in motion on the basis of secret information received by Inspector Sangram Singh, Incharge CIA Staff, Amritsar on 8.3.2005 at about 6.15 AM, when he alongwith other police officials was present at Khandwala Chowk, Amritsar. The information was that Dilbagh Singh resident of Khasa, Gurnam Singh son of Jagtar Singh resident of Kakka Kandiala and his brother Surjit Singh @ Lali and Jiwan Lata resident of Urban Estate, Jalandhar are dealing in brown sugar and heroin in large consignment from Pakistan and Afganistan and sell the same at higher rates to the wholesale customers in big cities. These persons are wondering in Chheharta area in a car for selling brown sugar or heroin to the customers namely Balkar Singh resident of New Tehsilpura, Amritsar, Harbhajan Singh and Lal Singh @ Lali residents of Kartar Nagar, Avtar Singh resident of Mohali and Balbir Singh resident of Dalip Avenue, Amritsar. It is further informed that if raided huge quantity of heroin or brown sugar can be recovered. On receipt of such information, ruqa Ex.PC was sent to the Police Station for registration of a case and for issuance of special report to the higher officers. On the basis of such statement, FIR bearing No.53 dated 8.3.2005 (Ex.PC/1) was lodged at 6.30 AM. Thereafter, Inspector Sangram Singh, Incharge CIA Staff, Amritsar, alongwith co-officials proceeded towards Chheharata area in connection with search of above named persons. After some time, Shri Ashwani Kapoor, DSP (D), Amritsar arrived at Ghanupur Kale Ke, where the naka was held by the police party. The DSP (D) constituted two separate police parties for holding nakabandi i.e. one police party headed by Inspector Sangram Singh, CIA Staff, Amritsar and another by SI Sohan Singh. When Inspector Sangram Singh alongwith other police officials was proceeding towards Chheharta bye-pass from Baba Deep Singh Colony on the link road, he found two cars parked near an orchard. One car was facing Baba Deep Singh colony and the other car was facing Chheharta bye-pass. One lady and three persons were standing near the car, which was facing Chheharta bye-pass. They were handing over some packets to the occupants of other car. On reaching near the cars, three persons namely Gurnam Singh, Dilbagh Singh and Surjit Singh and a lady namely Jiwan Lata managed to escape in the car, which was facing Chheharta bye-pass, whereas the other car facing Baba Deep Singh colony was rounded up. One person, who came out from the driver s door tried to run away, but he was over powered. He disclosed his identity as Balkar Singh. Balkar Singh was informed that it is suspected that he is carrying some narcotics substance and his search is to be conducted and whether he wants to get himself searched in the presence of a Gazetted Officer or a Magistrate. Balkar Singh opted to be searched in the presence of a Gazetted Officer. Similarly Lal Singh, Harbhajan Singh, Balbir Singh and Avtar Singh were given options to be searched in the presence of a Gazetted Officer or a Magistrate. On the basis of their options to be searched by a Gazetted Officer, non-consent memo Ex.PD was prepared. Ashwani Kapoor, DSP (D), Amritsar arrived at the spot on being requisitioned. Two public witnesses namely Chanan Singh and Avtar Singh were also joined in the police party. Ashwani Kapoor, DSP (D), Amritsar informed Balkar Singh, Harbhajan Singh, Lal Singh, Balbir Singh and Avar Singh that he is a Gazetted Officer of the police and it is suspected that they are carrying some narcotic substance. He informed the above-named persons about their legal right to be searched before a Gazetted Officer or a Magistrate. They reposed their confidence upon him (Ashwani Kapoor) and consent memos Exs. PA, PA/1, PA/2, PA/3 and PA/4 were prepared, which were thumb marked and signed by the respective accused, witnesses and the DSP himself. The search of the accused was conducted by Inspector Sangram Singh, in the presence and in the supervision of Shri Ashwani Kapoor, DSP (D), Amritsar. Balkar Singh was holding a cloth packet in a polythene packet in his right hand. On opening, it was found to be containing heroin. Two samples of 10 grams each were drawn and on weighing the remaining heroin, it turned out to be 980 grams. Separate parcels of both the samples and the residue bulk were prepared and sealed with seals bearing impressions SS belonging to Inspector Sangram Singh and AK belonging to Ashwani Kapoor, DSP (D), Amritsar. All the incriminating articles were taken into possession vide recovery memo Ex.PB. Similar search operations were carried out in respect of Harbhajan Singh, Lal Singh, Balbir Singh and Avtar Singh. From Harbhajan Singh two packets each containing 1 kg. heroin; from Lal Singh three packets each containing 1 kg. heroin; from Balbir Singh two packets one of cloth and one of polythene containing 1 kg. 450 grams heroin; and from Avtar Singh one packet containing 1 kg. heroin were recovered. Rough site plan Ex.PE was prepared by Inspector Sangram Singh. The seals bearing impressions SS and AK after use were retained by Inspector Sangram Singh and Ashwani Kapoor, DSP (D), Amritsar respectively. All the five persons were arrested vide separate arrest memos Exs.PF/1 to PF/5. The Zen car bearing registration No.PB-02-8095 was also taken into possession vide recovery memo Ex.PH.

(3.) On completion of proceedings at the spot, above-named five accused alongwith respective case property were produced before SI Harjinder Singh, SHO P.S. Chheharta. After verifying the facts, he put his counter seal bearing impression HS on all the parcels and retained the case property in the double lock.