BAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against judgment of conviction and order of sentence dated 17.11.2006, passed by learned Special Judge, Moga, whereby it convicted the appellant-accused under Section 15(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as the 'NDPS Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of one year in FIR No. 57, dated 17.4.2003, under Section 15 of the NDPS Act, Police Station Dharamkot, District Moga.

(2.) Briefly stated the case of prosecution is that on 17.4.2003, Gamdoor Singh SI, SHO, Police Station Dharamkot alongwith Darshan Singh ASI and other police officials was present at bus stand of village Kot Mohammad Khan. He received a secret information that accused Bagga Singh and Salwinder Singh sons of Mukhtiar Singh, residents of village Kot Mohammad Khan were sitting in the dry drain and selling poppy husk and if raid is conducted they could be nabbed with poppy straw. As the secret information was reliable, Gamdoor Singh, SI sent ruqa to the police station, on the basis of which formal FIR for offence under Section 15 of the NDPS Act was registered against the accused.

(3.) Gamdoor Singh, SI alongwith police officials proceeded towards the disclosed place and on the way he joined Bahal Singh, an independent witness, in the policy party. They found accused Bagga Singh and Salwinder Singh sitting on one bag each lying in the drain. However, on seeing the policy party Salwinder Singh accused succeeded in running, whereas appellant-accused Bagga Singh was nabbed at the spot. Gamdoor Singh SI, informed accused Bagga Singh that he was to be searched and that he could opt his search in the presence of a Magistrate or a gazetted officer. Accused Bagga Singh opted to be searched in the presence of a gazetted officer, regarding which a memo was prepared. The Sub Inspector called Nachhattar Singh, DSP, Dharamkot, at the spot through wireless. DSP Nachhattar Singh introduced himself to accused Bagga Singh and thereafter Gamdoor Singh, SI on direction of DSP, conducted search of the bags. Sub Inspector took out two samples of 250 grams from each of the bags of poppy husk and converted the same into separate parcels. The remaining poppy husk in the bags was weighed and each of the bag was found containing 29 kgs 750 gms of poppy husk. Both the sample parcels and the bags containing residue of poppy husk were sealed with the seals 'GS' and 'NS' of Gamdoor Singh and Nachhattar Singh, DSP. Separate memos of samples of seals were also prepared. Gamdoor Singh, SI handed over his seal to independent witness Bahal Singh, whereas DSP retained the seal with him. Gamdoor Singh SI had taken into possession all the sealed parcels by preparing separate recovery memo. From personal search of accused a sum of Rs.60/- was recovered and separate memo was prepared. Grounds for arrest were also disclosed to accused Bagga Singh and arrest memo was also prepared. Sub Inspector also prepared rough site plan of place of occurrence and recorded statements of witnesses. He also sent special report of the case to DSP. The accused was produced before learned Magistrate, who passed the retention order. Later on accused Salwinder Singh was also arrested.