DARSHAN SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been preferred by Darshan Singh son of Buggar Singh and Gurdas Singh son of Gurdev Singh. They were nominated as accused in case FIR No. 42 dated 30.03.2000 registered at Police Station Sadar Bathinda under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act'). The Judge, Special Court, Bathinda vide its judgment and order dated 06.03.2002 found both the appellants guilty of the offence punishable under Section 15 of the Act and sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lac each, in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) Aggrieved against the same, present appeal has been filed challenging the conviction and sentence recorded by the Court below.

(3.) ASI Ajay Pal Singh PW-1, In-charge of Police Post, Balluana had sent a ruqa Ex.PJ from the Revenue Estate, Rai Ke Kalan at about 3.15 p.m., wherein he stated that he, along with companion police officials, was on patrol duty and was going to village Rai Ke Kalan, when they spotted two persons sitting on the gunny bags in the ditches of the fields. On suspicion, the jeep was stopped and with the aid of companion police officials, both the said persons were apprehended, who disclosed their names as Darshan Singh son of Buggar Singh and Gurdas Singh son of Gurdev Singh. By chance, Balbir Singh former Panch of the village Rai Ke Kalan arrived at the spot and after he was acquainted with the facts, he was made to join the police party. Both the accused were told that the bags, on which they were sitting, contained some contraband article and in case they wanted they could get themselves searched in the presence of a Gazetted Officer or a Magistrate. Both the accused opted to get themselves searched in the presence of a Gazetted Officer. A consent memo to this effect was prepared, which was attested by Balbir Singh former Panch of the village and HC Dhir Singh. The accused Darshan Singh and Gurdas Singh had also appended their signatures on the same. Through wireless message, a request was made to send a Gazetted Officer and after some time, Jaspreet Singh Sidhu, DSP (Rural), Bathinda came on a Govt. Gypsy, who on arrival introduced himself and a consent memo to carry search was prepared. According to the procedure prescribed, all the ten gunny bags, on which the appellants were sitting, were searched and poppy husk was found in them. From each bag, a sample of 200 grams of poppy husk was drawn and the remaining poppy husk in each bag weighing 37 kilograms and 800 grams was taken into custody. Ten samples were prepared, upon which seal of 'APS' was affixed by the Investigating Officer. The seal after use was handed over to HC Dhir Singh and Serial No. 1 to 10 were assigned to the samples. A recovery memo was prepared, which was attested by the witnesses. Personal search of both the appellants was carried and a memo to this effect was also prepared. The ruqa was sent for registration of the case, as the appellants were found in possession of 3 quintals and 80 kilograms of poppy husk, without any permit or licence.