RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.1.2003/order of sentence dated 29.1.2003 passed by the court of learned Judge Special Court, Bathinda whereby he convicted and sentenced the accused Rajinder Singh to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) As the prosecution story goes on 4.12.2000 ASI Gurdev Singh amongst other police officials was proceeding in Government canter towards village Kothaguru being on patrol duty. When the police party reached at the bus stand, meanwhile, Som Nath alias Somi came across the police party. He was associated with the police party. When the police party was going towards village Kalyana from village Kothaguru via kacha path, one contessa car bearing registration No. DL-ICF-3589 was spotted approaching on the bank of the canal minor near the bridge. The car was made to stop. Rajinder Singh alias Kaka was driving the car whereas Baljinder Singh alias Binder was sitting by his side. Three gunny bags were lying on the rear seat of the car. Suspecting the contents of these bags to be some contraband the accused were apprised of their right that if they so desire, they can have search of the bags in the presence of a Gazetted Officer or a Magistrate. They opted to have their search in the presence of a Gazetted Officer. On receipt of wireless message, Amrik Singh DSP Rampura Phul came at the spot. On his direction, the search of the gunny bags was carried out. Their contents were found to be poppy husk. 250 grams of poppy husk was drawn from each bag to serve as sample and converted into parcels. The residue of each bag when weighed came to 39.750 Kgs which was also turned into parcels. All these parcels were sealed with seal G.S. and taken into possession. Ruqa was sent to the Police Station, where on its basis formal F.I.R. was registered. The aforesaid car was also seized. The accused were arrested. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) The accused Rajinder Singh was charged under Section 15 of the Act to which he did not plead guilty and claimed trial. In respect of accused Baljinder Singh, the learned Public Prosecutor made statement that he being juvenile, his challan shall be presented in the court of learned Chief Judicial Magistrate, Bathinda. In order to bring home guilt against the accused, the prosecution examined NSR S.P. Amrik Singh PW-1, ASI Gurdev Singh PW-2, Constable Jaswant Singh PW-3, SI Gurdeep Singh PW-4 and closed its evidence after tendering the report of the Chemical Examiner.