HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned State counsel has filed an affidavit dated 10.12.2011 of Mr. Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur, mentioning the period of imprisonment undergone by the applicant - appellant - Harbhajan Singh @ Bhajan Singh. The same is taken on record. Heard learned counsel for the parties.

(2.) Sub-Inspector Harpal Singh, In charge CIA Headquarters, Ferozepur, along with SI Gurpiar Singh, ASI Dogar Singh and other police officials were going in a Government vehicle in connection with patrolling and checking of suspicious persons. The police party reached the bus stand of village Mchhi Bugra on the Moga Ferozepur road. At that time, SI Harpal Singh received a wireless message from Rajinder Singh, DSP (Detective), Ferozepur, at 11:30 am regarding one truck bearing No. RJ-13-GA-0378, in which four persons were travelling and there may be heavy quantity of poppy husk in the same. It was also informed that Kuldeep Singh (accused No. 1) was coming in the said truck and he was a proclaimed offender in a case pertaining to 3 8 bags of poppy husk and also in a case under Section 302 IPC,-registered at Police Station, Sultanpur. The truck, it was informed, was coming from the side of Faridkot and the accused could be apprehended, if a check post was set up on the Faridkot - Talwandi Bhai road. The police party set up a check post and at about 01:00 pm, the said Tata LP truck came from the side of Faridkot. It was signaled to stop. The driver of the truck stopped the truck and on asking, he disclosed his name as Kashmir Singh @ Sheeru (accused No. 2). The person sitting by his side disclosed his name as Jaswinder Singh @ Jassa (accused No. 4). On checking the rear side of the truck, bags of cement were found, on which two persons were sitting. On enquiry, they disclosed their names as Kuldeep Singh (accused No. 1) and Jagir Singh @ Jagira (accused No. 3). SI Harpal Singh, informed the occupants of the truck that he had a doubt that some intoxicant material was there in the truck and a search was to be conducted. The occupants of the truck were informed of their right to get the truck searched in the presence of some Gazetted Officer or a Magistrate. The occupants of the truck replied that they wanted the search to be conducted in the presence of a Gazetted Officer. The consent memos (Ex. P-15 to Ex. P-18) of all the four occupants of the truck were prepared, which were signed by them and attested by SI Gurpiar Singh and ASI Dogar Singh. Rajinder Singh DSP (D) was called at the spot and in his presence the search of the truck was carried out. As a result of the search 165 Bags of Birla cement were recovered. Under the said bags of cement, there were 30 bags containing poppy husk, which were also recovered. Two samples each, containing 250 gms of poppy husk were separated from each of the bag and were converted into parcels. The remaining poppy husk on weighment was found to be 39 kgs 500 gms. In this manner, 40 kg of poppy husk in each of the 30 bags was recovered.

(3.) The applicant - appellant - Harbhajan Singh @ Bhajan Singh was not arrested at the spot but he had been proceeded against as he was owner of the truck that was apprehended. The learned trial Court, after considering the evidence and material on record, inter alia held that applicant - appellant - Harbhajan Singh @ Bhajan Singh was the owner of the truck and it was his duty to ensure that the truck was being used for transporting luggage and not for narcotic purposes. It was further observed that it was not possible for a driver of the truck to smuggle 30 bags of poppy husk without the knowledge of applicant - appellant - Harbhajan Singh @ Bhajan Singh. Besides, there was no evidence on the file to show that the transporting of huge quantity of narcotic substances was not in his knowledge. Therefore, according to Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' - for short), the applicant appellant - Harbhajan Singh @ Bhajan Singh was also liable for conviction.