CHANCHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chanchal Singh and Balbir Ram alias Rana (appellants) have filed this appeal against the judgment of conviction and the sentence order dated 11.7.2001 passed by the Special Judge, Hoshiarpur, whereby they were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay Rs. 1 lac, each as fine, in default whereof to undergo further rigorous imprisonment for six months.

(2.) As per allegations of the prosecution, on 20.11.1998, Inspector Jaswant Singh along with Assistant Sub Inspector Ram Pal and other police officials and one Kimti Lal went in the Rakkar area of Village Bahowal. Separate police parties had been bifurcated. Efforts were made to join Gulwinder Singh, but he had shown his helplessness. One party was headed by Inspector Jaswant Singh, second party by Inspector Naresh Kumar and the third party by Sub Inspector Ravinder Singh. Inspector Jaswant Singh captured one Canter bearing registration No. DL-ILB-5260. Both the accused-appellants were occupying the said Canter. Inspector Jaswant Singh asked them that they were to be searched and the search of the Canter was to be taken. The accused were given an option that they could get their search conducted before a Magistrate or a Gazetted Officer. Both the accused reposed faith in Inspector Jaswant Singh. Consent memo Exhibit P.A on which both the accused signed was prepared in this regard. It was attested by independent witness Kimti Lal. Search of the Canter was taken and twenty bags Exhibits P.1 to P.20 of poppy husk were recovered.

(3.) Awireless message was sent to Deputy Superintendent of Police Ajaib Singh, who reached the spot. Inspector Jaswant Singh produced the accused along with the Canter and the bags of poppy husk before the Deputy Superintendent of Police. The bags were weighed and the same came to be of 40 Kgs each. A sample weighing 250 grams was taken from each of the bag. The samples and the remaining poppy husk contained in twenty 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 F.I.R 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. Sample parcels were sent for analysis and vide report (Exhibit P.J) of the-Chemical Examiner, their contents were found to be of poppy heads.