MAJOR SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by accused -appellants against the judgment and order dated 22.2.2001 passed by Shri A.S. Kathuria, learned Judge, Special Court, Mansa vide which accused/appellants have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short - the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each.

(2.) BRIEFLY stated the case of the prosecution in brief is that on 28.2.1996, a police party headed by ASI Beant Singh was on patrol duty in a Government tractor No. PB -03 -3149 and were going from village Bhikhi towards village Samaou, Matti, Gurthali etc. From the bus stand Mandi, Nasib Singh son of Sucha Singh, Chowkidar resident of Gurtdhali was joined with the police party. The police party proceeded further and when they reached near the canal bridge within the area of village Gurthali, the accused were seen coming from the opposite side on their tractor Eicher bearing registration No. RJ -13 -1R -0168. Major Singh accused was driving the tractor, while the other accused Teja Singh was sitting on the mudguard of the tractor carrying a bag on his legs. The tractor was got stopped on doubt and suspecting some incriminating material in their possession, they were asked whether they wanted to be searched before a Magistrate or before a Gazetted Officer. Both the accused stated that they wanted to be searched before a Gazetted Officer. As such DSP Joginder Singh Kahlon, Sub Division Mansa, was summoned on the spot, through a wireless message, who reached the spot within a short period and he disclosed his identity to the accused persons. Thereafter under his directions and in his presence, the search of the accused was conducted and from their possession, one bag of poppy husk was recovered. 100 grams poppy husk was taken as sample from it and remaining poppy husk was weighed which came out to 20 kgs. The sample and the bag of poppy husk were sealed by the IO and were taken in custody vide recovery memo. The jama talashi of the accused was also conducted and Rs. 100/ - currency notes were recovered. Ruqa was sent to the police station on the basis of which formal FIR was recorded. The accused were formally arrested and reasons for their arrest was disclosed to them. Site plan was drawn, special report was sent to the higher police officers and the case property along with the sample, tractor and the accused were entrusted to the SHO of the police station, Bhikhi on the same date in the right condition. On the next day, the sample and the case property was produced before the Illaqa Magistrate. The sample was sent to the Chemical Examiner for its test, who submitted its report stating therein that the contents of the sample are of Chura Poppy heads. After the completion of the investigation, challan was presented. The magistrate committed the case to the Court of Session.

(3.) THE prosecution in support of its case, examined PW -1 Constable Hardev Singh, PW -2 SHO Baljit Singh, PW -3 HC Sukchain Singh and closed the prosecution evidence after tendering certain documents.