KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Kuldeep Singh was convicted for the offence under Section 15 of the NDPS Act and was sentenced to undergo 10 years R.I. and to pay a fine of Rs. 1 lac and in default to further undergo R.I. for 1 year. Though the prosecution was laid as against accused Kuldeep Singh and accused driver Bittu, driver Bittu has absconded and consequently, he was declared as Proclaimed Offender.

(2.) THE prosecution story reads a follows: On 9.6.1999, PW2 S.I. Tehal Singh proceeded for patrolling and checking the suspected vehicles. When he reached Basti Jodhewal Chowk, he received a secret information. Based on the secret information he prepared ruqqa (Ex.PC) and despatched to the Police Station for registration of a formal FIR. Accordingly, ASI Lakhwinder Singh registered a formal FIR (Ex.PC/1). Immediately after despatching the ruqqa for registration of a formal FIR, he passed on a message to DSP Harmohan Singh to reach the chowk of Khasi Kalan. The raiding party headed by PW3 stopped a truck coming from the side of village Bhukhri without bearing any registration number. The truck was stopped. Accused Kuldeep Singh was apprehended on the spot, but the driver of the truck had sped away from the scene of occurrence. Accused Kuldeep Singh was informed of his right to insist for search by a Gazetted Officer or a Magistrate. As per the above right exercised by him, PW5 DSP Harmohan Singh who was present having disclosed his identity to the accused participated in the search that was conducted. Five gunny bags containing poppy husk was recovered from the truck. Two samples of 250 gms. each were separated and converted into parcels from each of the bags. The remaining content of the bags weighed 341/2 kgs. each. All the 10 sample parcels and 5 gunny bags containing the remaining poppy husk were sealed by PW3 with his seal bearing impression 'TS'. Sample seal chit was prepared. The seal after use was handed over to PW4 ASI Dharampal. The case property was taken into possession by the investigating officer. Accused was arrested. A sum of Rs. 740/ - was recovered on personal search of the accused. PW3 SI Tehal Singh deposited the case property with MHC Balbir Singh with the seals intact. The samples were sent for examination. The FSL report (Ex.PH) would show that the sample contained Churra Poppy Heads. Challan was laid as against the accused.

(3.) THE trial Court having relied upon the evidence of PW1 MHC Balbir Singh, PW3 SI Tehal Singh, PW4 ASI Dharampal and PW5 DSP Harmohan Singh in the background of FSL report returned a verdict of conviction as against the accused.