SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 416 SB of 2005 moved by Satnam Singh, Criminal Appeal No. 436 SB of 2005 filed by Satish Kumar, Criminal Appeal No. 533 SB of 2005 moved by Mithu Singh and Darshan Singh, Criminal Appeal No. 599 SB of 2008 filed by Satnam Singh as having arisen out of the same judgment dated 14.1.2005 passed by the court of learned Judge Special Court, Bathinda whereby he convicted and sentenced Mithu Singh, Darshan Singh and Satish Kumar accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1.00 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act), and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for six months and also convicted and sentenced the accused Satnam Singh to further undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1.00 lac under Section 15 read with Section 25 of the Act and in default of payment of fine, to further undergo imprisonment for six months and ordered the vehicle Tata Sumo bearing registration No. DL-3CG-815 to be confiscated to the State as per rules.

(2.) Shortly put, the facts of the prosecution case are that on 5.3.2003 Sub Inspector Harinder Singh amongst other police officials had laid naka on the bridge of drain within the revenue limits of village Malooka. Balbir Singh a public man was also associated in the police party. Around 5 A.M. Tata Sumo bearing registration No. DL-3CG-0815 was intercepted. Meanwhile, the driver of this vehicle escaped. He was identified as Satnam Singh. The remaining accused namely Satish Kumar, Darshan Singh and Mithu Singh were apprehended at the spot. They were apprised of their right to have search in the presence of a Gazetted Officer or Magistrate. They opted to have the same in the presence of a Gazetted Officer. On receipt of message, Balbir Singh DSP came at the spot. The accused reposed confidence in him. On search of Tata Sumo, 5 bags containing poppy husk yielded. From each bag 250 grams of poppy husk was drawn to serve as sample and converted into parcels. The residue of each bag when weighed came to 34 kgs 500 grams which was also made into parcels. These bags as also the sample parcels were sealed with seal HS. The seal after use was entrusted to aforesaid Balbir Singh. The accused were put under arrest. Ruqa was sent to the Police Station, where on its basis formal F.I.R. was registered. After completion of investigation, the charge sheet was laid in the court against the accused Mithu Singh, Darshan Singh and Satish Kumar for their trial.

(3.) The accused were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. It was on 12.9.2003 that accused Satnam Singh who had fled from the spot was also arrested. On being presented supplementary challan against him, he alongwith his co-accused was charged under Section 15 of the Act to which they did not plead guilty and claimed trial.