NARINDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Narinderjit Singh (appellant) has filed this appeal against the judgment of conviction and the sentence order dated 19.05.2004 passed by the Judge, Special Court, Nawanshahr, 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 six months.

(2.) Balbir Singh, co-accused of the appellant was acquitted of the charge framed against him by the trial Court whereas Baljinder Sisngh, another co-accused of the appellant, absconded and was declared a Proclaimed Offender by the trial Court.

(3.) The facts of the prosecution case, in brief, are that on 24.11.1999, Sub Inspector Paramjit Singh along with Assistant Sub Inspector Bikkar Singh, Assistant Sub Inspector Balbir Singh, Head Constable Kashmir Singh, Constable Narinder Singh, Constable Tej Bhan and S.P.O Dilbagh Singh were patrolling the area in a Zypsy which was being driven by Constable Ashok Kumar. They put up a 'Naka' at the bridge of canal minor in the area of village Kaleran for checking vehicles and suspicious elements. In the meantime a Matador bearing registration No. DL-ICE-4047 came there from the side of village Kaleran. It was about 2.30 A.M and the lights of the said Matador were off. With the help of the search light, Sub Inspector Paramjit Singh signalled the Driver to stop the Matador. It was stopped and two persons, namely Baljinder Singh (Proclaimed Offender) and Balbir Singh (acquitted accused) alighted from the vehicle and fled away towards village Kaleran. Sub Inspector Paramjit Singh knew Baljinder Singh and Balbir Singh as they were notorious smugglers. The driver of the said car was, however, apprehended by the police who disclosed his name as Narinderjit Singh (appellant-accused). Sub Inspector Paramjit Singh told appellant Narinderjit Singh that there was something suspicious in the Matador and that search of the same was required to be made. The Investigating Officer apprised accused-appellant Narinderjit Singh of his right being searched in the presence of a Magistrate or a Gazetted Officer. The accused-appellant reposed faith in the Investigating Officer and asked him to search the vehicle. Consent memo of the appellant in this regard was prepared. In the meantime Paramjit Singh @ Pappu, an independent witness came there and was joined in the police party as a witness. There Sub Inspector Paramjit Singh contacted Deputy Superintendent of Police Pushkar Sandal on walkie-talkie and asked him to reach at the spot. On reaching the spot, Deputy Superintendent of Police Pushkar Sandal disclosed his identity to the accused as a Gazetted Officer and apprised the accused-appellant of his right to be searched in the presence of a Magistrate. The accused opted that search of his Matador be made in the presence of Deputy Superintendent of Police. On the direction of Deputy Superintendent of Police, Sub Inspector Paramjit Singh searched the Matador and found that five gunny bags were lying on the rear side of the cabin and 11 gunny bags were lying in the dicky of the said Matador. Sub Inspector Paramjit Singh opened all the bags and found that all bags contained poppy husk. He put mark on the said bags from B-1 to B-16. 250 grams of poppy husk was separated from each bag as sample. He also put marks as S-1 to S-16 on the said sample parcels. On weighment, 34 kgs 750 grams of poppy husk was found in each bag. Sub Inspector Paramjit Singh,thereafter, sealed all the bags with his seal bearing impression 'PS' and with the seal of Deputy Superintendent of Police bearing impression 'PS'. The samples and the poppy husk contained in sixteen bags were separately sealed and were taken into possession by the police. Ruqa was sent to the Police Station through Constable Tej Bhan and on its basis formal First Information Report was registered against the accused-appellant. Rough site plan of the place of recovery was prepared. The accused-appellant was formally arrested and memo containing grounds of his arrest (Exhibit PG) was prepared.