RAM LUBHAYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ram Lubhaya (appellant) has filed this appeal against the judgment of conviction and the sentence order dated 5.2.2005 passed by the Judge, Special Court, Hoshiarpur, whereby he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay Rs. 1 lac as fine, in default whereof to undergo further rigorous imprisonment for one year.

(2.) Smt. Usha Rani, Tarsem Lal alias Semi, Smt. Pamma and Joga Singh, co-accused of appellant Ram Lubhaya, were acquitted of the charge framed against them by the trial Court by giving them the benefit of doubt.

(3.) The facts of the prosecution case, in brief, are that on 14.7.2001, Inspector Surjit Singh Kandhali along with Assistant Sub Inspector Paramjit Singh, Assistant Sub Inspector Bikram Singh, Head Constable Bhulla Singh, Head Constable Pardep Singh and other police officials was present in connection with 'Nakabandi' at Pippal Maur, Chotala, on a Government vehicle. At that time, he (Inspector Surjit Singh Kandhali ) received a secret information that the appellant along with the acquitted accused was dealing in sale of poppy husk at a large scale and bags of poppy husk had been kept in the orchard of oranges near Pippal Maur, Chotala; that they were waiting for prospective buyers; and that if a raid was conducted, poppy husk could be recovered. Believing the information to be reliable, Inspector Surjit Singh Kandhali along with other police officials proceeded towards the disclosed place to conduct the raid. On the way, Behari Lal, Panch of Gram Panchayat, Chotala, incidentally met the police party and he was joined as an independent witness to witness the recovery. When the police party reached near the orchard, the persons present in the orchard started slipping away from there on hearing the commotion emanated from the halting of the Government vehicle, closing of doors of the vehicle etc. After hot chase, the police party was successful in apprehending appellant Ram Lubhaya. Seven bags were found in possession of the appellant. Suspecting that there was some contraband in the said bags and intending to search the same, Inspector Surjit Singh Kandhali served notice under Section 50 of the Act upon the appellant apprising him of his right to be searched in the presence of a Magistrate or a Gazetted officer. The appellant opted that search of his bags be made in the presence of a Gazetted Officer. Consent memo of the accused in this regard was prepared. Presence of Deputy Superintendent of Police Lakhwinder Pal Singh Khaira was secured at the spot. Thereafter, on the Direction of the Deputy Superintendent of Police, search of the bags was made. They were found to contain poppy husk. Two samples of 250 grams each were separated from each of the bag containing poppy husk. The remaining poppy husk, on weighment, was found to be 29.5 Kgs in each bag. The samples and the poppy husk contained in seven bags were separately sealed and taken into possession by the police. Ruqa was sent to the Police Station and on its basis the instant F.I.R was registered against the accused. Rough site plan of the place of recovery was prepared. The accused-appellant was arrested.