SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal by the State has been directed against the judgment dated 14.10.2000 passed by the Special Judge, Hoshiarpur convicting the appellants herein for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE brief facts out of which present appeal arises are that on 10.08.1997, Nirmal Singh SI/SHO of Police Station, Mahilpur was on patrol duty at Chowk Dandian. At about 6.15 am truck bearing No. HP-25-0769 came and it was stopped by the police party. Two youths came out of the truck and ran away towards Sarkandas standing in the area. Constable Raj Kumar was able to identify them as Teeta and Billa sons of Meet caste Sainsi, residents of Lakhanpur. The remaining six persons were found in the truck. The driver of the truck disclosed his name as Harbans Singh alias Lovely and remaining 5 persons disclosed their names as Sarabjit Singh, Jeeta, Rana, Pala Singh and Sokha. Inspector Nirmal Singh asked these persons as to whether they wanted their search to be effected in the presence of a Gazetted Officer or a Magistrate but they did not want themselves to be searched in the presence of a Magistrate or a Gazetted Officer and were prepared to get themselves searched from Inspector Nirmal Singh. Separate statement in the form of question and answer was recorded by Inspector Nirmal Singh and all the accused in their separate statement stated that they did not want themselves to be searched in the presence of a Gazetted Officer or a Margistrate and they have no objection if they are searched by Inspector Nirmal Singh. It has been stated that an effort was also made to associate some independent witnesses but none was available. Subsequently, Inspector Nirmal Singh along with other officials took the search of truck and it was found that it had 60 bags of cement loaded and below such 60 bags, 75 bags of Poppy Husk were found. After making arrangement for weighing scales and weights, 7 bags of Poppy Husk were weighed and each bag found containing 40 kilograms of Poppy Husk. All 75 bags were sealed by Inspector Nirmal Singh and taken into possession. Similarly cement bags were also taken into possession. Personal search of the accused was also taken and search memos prepared. The truck was also taken into possession vide separate recovery memos. A sum of Rs. 2200/- was recovered alongwith wrist watch from the personal search of Harbans Singh driver but nothing else from the possession of other accused. Inspector Nirmal Singh produced all the accused alongwith case property before DSP Randhir Singh. 250 grams of Poppy Husk were taken by DSP Randhir Singh in the presence of accused as samples and remaining Poppy Husk as well as the samples were sealed with the seal bearing impression RS. After filling requisite forms, the accused alongwith case property were handed over to Inspector/SHO Nirmal Singh. Then DSP Randhir Singh inquired from the accused as to whether they have any objection if he takes samples from the bags or not and then DSP Randhir Singh had taken samples.

(3.) IN order to prove its case, the prosecution examined apart from formal witnesses, constable Raj Kumar P.W.6, Inspector Nirmal Singh P.W. 7 and DSP Randhir Singh as P.W.2. Statement of the accused under section 313 Cr.P.C. were recorded. The accused denied all the allegations. However, the learned Trial Court after considering evidence on record found the charge proved and convicted the accused. The present appeal is by six convicts including Darbara Singh alias Billa.