MOHAN LAL RAVAT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) These six appeals are instituted against the judgment and order dated 11.01.2017 rendered by the learned Judge, Special Court, Ludhiana, in Sessions case no.40 of 12.03.2013 whereby the appellants were charged with and tried for offences punishable under Section 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act1). All the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs. 1,00,000/-each and in default to pay amount of fine, to further undergo rigorous imprisonment for a period of two years each, for the offence punishable under Section 15 of the NDPS Act. Appellant Naresh Kumar and Udey Lal were also convicted and sentenced to undergo rigorous imprisonment for a period often years and to pay a fine of Rs. 1,00,000/- each and in default to pay amount of fine, to further undergo rigorous imprisonment for a period of two years each, for the offence punishable under Section 18 of the NDPS Act. The sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that on 16.09.2012 SI Harbans Singh, Incharge of Anti Narcotic Cell, Ludhiana was with his police party. They were in their official vehicle. At about 11.30 P.M. an Alto car bearing no.RJ-27-CC-3650 came from the side of Oswal Hospital Chowk, Ludhiana. Investigating Officer signaled with a torch to stop the car. The car driver tried to escape by turning the car to his left. However, the vehicle was stopped. The police party noticed that one LP truck bearing no.RJ-10GA-3742 coming behind that car. The truck driver found the police ahead and tried to reverse the vehicle. The truck was encircled by the police officials. The car passengers came down from the car. The occupant of the car disclosed his names Wakta Ram and co-passenger disclosed his name as Naresh Kumar @ Pandit. The investigating officer disclosed his identity and place of posting to them. He told them that he was suspecting that they were possessing or carrying some intoxicating substance. He also told them that they had a legal right to get search conducted from a Magistrate or a gazetted officer. Wakta Ram and Naresh Kumar wanted their search to be conducted by a gazetted officer. The occupants of the truck were also came down. The person sitting on the driver seat of the truck disclosed his name as Gautam Lai. The person sitting with him on conductor seat in the truck disclosed his name as Mohan Lal Ravat. The person carrying rucksack and sitting in the body of truck, disclosed his name as Udey Lai. The other person disclosed his name as Krishan Lai. The investigating officer told them his identity and place of posting. He also told them that he was suspecting that they were possessing and also carrying some intoxicating substance in the truck. He wanted to search all of them and truck. He told them about their legal right to be searched from a Magistrate or a gazetted officer. All the persons wanted their search to be carried out by a gazetted officer. The investigating officer gave a call to gazetted officer, i.e. Ramnish Choudhary, ACP Central, Ludhiana. He reached at the spot by 12.50 A.M. in uniform. He disclosed his place of posting and identity to Wakta Ram and Naresh Kumar. He told them that he was a gazetted officer. He told them that car as well as their personal search were to be carried out since the police was suspecting that there was intoxicating substance. The search of the car was undertaken. On the back seat of the car, a black coloured tarpaulin was found covering five heavy sewn sacks. These were taken out of the car. These were opened. The sacks were containing poppy husk. He drew out two samples of 250 grams each from each of these five sacks. Remaining bulk was also weighed. Each bag on weighment was found 24.500 kgs. The bags containing bulk were sealed. Ten samples of 250 grams each drawn from the bags were sealed by the investigating officer with his seal 'HS' and by the ACP with his seal 'RK1. The bags with bulk quantity were also sewn and sealed. Thereafter, the search of Naresh Kumar was undertaken. He was found in possession of black coloured polythene envelop. It contained opium. Two samples of 10 grams each were separated. Remaining quantity on weighment came out to be 2.580 grams. All these three quantitates were converted into parcels. All these parcels were sealed by the investigating officer with his seal 'HS' and by ACP with his seal 'RK' At about 4.00 A.M. ACP Ramnish Choudhary informed the truck passengers one by one about his place of posting and identity. He also told that he was a gazetted officer. He told them that their personal search and search of truck was to be carried out since police was suspecting that there were some intoxicating substance. They gave consent to ACP Ramnish Choudhary. Thereafter, under his supervision, the investigating officer searched accused Udey Lai. He was carrying rucksack on his back. It was opened. It contained opium. Two samples of 10 grams each were separated from the bulk and remaining quantity when weighed came out to be 3.380 kgs. All these three quantities were converted into parcels. All these parcels were sealed by the investigating officer with his seal 'HS' and then by ACP with his seal 'RK1. These parcels were taken into possession. Thereafter, the truck was searched. 300 bags of 50 kgs each of Micron Talc were found. 46 heavysewn bags were also found. These 46 bags were opened. These contained poppy husk. Two samples of 250 grams each from each of these bags were separated. These were converted into parcels. These 46 bags were marked as 1 to 46 and their respective sample parcels were marked as 1A to 46A and IB to 46B. Remaining bulk quantities in respective bags when weighed came out to be 24.500 kgs. These 46 bags and all the samples were sealed by the investigating officer with his seal 'HS' and by ACP with his seal 'RK'. The case property was sent for chemical examination. The investigation was completed. The Challan was put up after completing all the codal formalities.