BALWINDER SINGH, Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of the afore-stated three appeals as they arise out of the same First Information Report.

(2.) Balwinder Singh, Baljinder Singh and Des Raj (appellants) have filed these appeals against the judgment of conviction and the sentence order dated 11.9.2004 passed by the learned Special Court, Barnala, whereby they were 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 a period of ten years and to pay Rs. 1 lac each, as fine, in default whereof to undergo further rigorous imprisonment for a period of six months.

(3.) As per allegations of the prosecution, on 20.08.2000, a police party headed by Station House Officer Surinderpal Singh of Police Station Kotwali Barnala was present near the bridge of canal minor near Guru Gobind Singh College, Sanghera on Sanghera-Raikot road in connection with VIP duty. Gajjan Singh (P.W) came there. Police party was talking to Gajjan Singh. The vehicles were also being checked by the police party. In the meantime, Tata 407 bearing No. HR 46/4053 (Canter) came from the Barnala side, which was signalled to stop. On enquiry, driver of the Canter disclosed his name as Des Raj (appellant). One another person who was sitting by side of appellant DesRaj disclosed his name as Balwinder Singh (appellant), who was owner of the canter. On checking, gunny bags were found to be loaded in the canter. One another person namely Baljinder Singh (appellant) was also present in the canter and was sitting on the gunny bags. Investigating Officer Surinderpal Singh suspected that bags contained some incriminating article and showed his intention to the accused to search the same. Thereafter, the accused were apprised of their right to be searched before a Gazetted Officer or Magistrate. The accused replied that they wanted the bags to be searched before a Gazetted Officer. Separate Consent Memos of the accused in this regard were prepared, which were signed by the accused and attested by the witnesses namely Gajjan Singh and Assistant Sub Inspector Manjit Singh. Deputy Superintendent of Police Balwant Singh was summoned to the spot. On reaching the spot, the Deputy Superintendent of Police disclosed his identity to the accused. On the direction of Deputy Superintendent of Police, Investigation Officer searched the bags. Bags were found to be six in numbers. They were found to contain 35 Kgs of poppy husk in each bag. Two samples of 250 grams were separated from each of the bags. The samples and the remaining poppy husk contained in the bags were separately sealed by the Investigation Officer with his seal bearing impression SPS and the seal of Deputy Superintendent of Police Balwant Singh bearing impression BS and were taken into possession by the police. 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. Rough site plan of the place of recovery was prepared.