SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhdev Singh (appellant) has filed this appeal against the judgment of conviction and the sentence order dated 26.8.2006 passed by the learned Special Judge, Ferozepur, whereby he was convicted under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay Rs. 1 lac, as fine, in default whereof to undergo further rigorous imprisonment for a period of one year.

(2.) It may be mentioned here that Balkar Singh and Paramjit Singh (co-accused of the appellant), absconded during trial and were declared proclaimed offenders.

(3.) As per allegations of the prosecution, on 8.2.2000, a police party headed by Assistant Sub Inspector Gursewak Singh, Incharge Police Post Sito Guno, which included Head Constable Gurmit Singh and other police officials was present at Chowk Bishanpura on Defence Road in connection with checking and 'Nakabandi'. A truck bearing registration No. DL-IGB-0203 was noticed coming from the side of Village Dodewal. Assistant Sub Inspector Gursewak Singh stopped the truck by giving signal. Three persons including driver were sitting in the cabin of the truck. They were made to get down from the truck. They were questioned by Assistant Sub Inspector Gursewak Singh about their identity. The driver of the truck told his name as Balkar Singh. Second person told his name as Sukhdev Singh(appellant) and the third person told his name as Paramjit Singh. The police party informed the accused that it wanted to conduct search of the truck as they were suspected to be carrying some contraband article. The accused were given an option that they could get their search conducted before a Magistrate or a Gazetted Officer. The accused opted for the search to be conducted in the presence of a Magistrate or a Gazetted Officer. Separate consent memos of the accused in this regard were prepared. A wireless message was sent to Moharrir Head Constable of Police Station Sadar Abohar to arrange to send some Gazetted Officer or Magistrate at the spot. At about 12.30 P.M, Deputy Superintendent of Police Gurmit Singh reached at the spot and he introduced himself to the accused. Search of the truck was conducted in the presence of Deputy Superintendent of Police. Upon search of the truck, twenty bags containing poppy husk were recovered from underneath 400 bags of chips. On weighment, each of the bag was found to contain 30 kgs of poppy husk. One sample of 250 grams each was separated from the bags. The samples and the remaining poppy husk contained in the bags were separately sealed and taken into possession by the police. Rough site plan of the place of recovery was prepared. Ruqa was sent to the Police Station and on its basis formal First Information Report was registered against the accused under Section 15 of the Act. After registration of the case against the accused, they were formally arrested and memos containing grounds of their arrest were prepared.