DHARMINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of four Criminal Appeals bearing Nos. 165-DB of 2002 (Dharminder Kumar v. The State of Punjab), 168-DB of 2002 (Jasbir Singh v. The State of Punjab), 176-DB of 2002 (Sokhi v. The State of Punjab) and 198-DB of 2002 (Malkiat Ram v. The State of Punjab) respectively as they arise out of the same judgment of Judicial Special Court, Nawanshahar dated 15.2.2002 whereby all the appellants were sentenced to undergo rigorous imprisonment for 15 years and a fine of Rs. one lakh each and in default to undergo further rigorous imprisonment for one year each.

(2.) BRIEFLY , the prosecution case is that on 1.9.1999 at about 1.45 p.m. ASI Bhag Mal was present in connection with nakabandi at canal bridge of Swajpur towards south, when he received a secret information, to the effect that Daula son of Mehanga and Sokhi son of Lehmber in possession of huge quantity of poppy husks in a D.C.M. Toyata bearing No. PB-10-D-9972 and coming from village Karimpur towards canal bridge. He requested SHO and DSP Nawanshahr through wireless to reach at spot and Constable Surender Singh was sent to call public witness and also to arrange for a scale. The said vehicle coming from the village Karimpur was stopped at a short distance ahead of canal bridge. However, Daula and Sokhi who were sitting on the bag of gunny with poppy husk whom ASI Bhag Mal knows very well ran away taking the benefit of darkness. However, the driver and cleaner of the vehicle were apprehended who disclosed their names Jasbir Singh and Dharaminder Kumar respectively. Both Jasbir Singh and Dharaminder Kumar were asked whether they wanted to be searched by a Gazetted Officer or by a Magistrate. However, both of them desired not to be searched by the Gazetted Officer or by the Magistrate. Their statements Exhibits PD and PE in this respect were recorded. It has been further mentioned in the ruqa that the D.S.P. could not be contacted but on the directions and in the presence of Station House Officer, ASI Bhag Mal conducted a search and recovered 30 bags of poppy husk kept, concealed beneath 15 gunny bags of Cattle Feed. In the meantime, Constable Surender Singh came along with scales, but informed that no independent witness could be arranged. The samples were drawn from all the 30 gunny bags and made into parcels and sealed with seal of SHO. The gunny bags as well as DCM Toyota were taken into possession. The ruqa was received at Police Station at 4.30 a.m. and the FIR was recorded at 5.15 a.m.

(3.) THE prosecution case primarily is based on testimony of PW6. ASI Bhag Mal who had led the raiding party on 1st on September, 1999. As per the witnesses, they had put up a naka along with other police officials including ASI Baldev Singh PW8. He had reiterated the version given in the ruqa on the basis of which FIR was recorded. His version was corroborated by Surender Mohan, PW-5 and Baldev Singh PW8.