JASVEER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the conviction and sentence of appellants Jasveer Singh, Suba Singh and Jagsir Singh under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The appellants have been sentenced to undergo rigorous/imprisonment for ten years and to pay a fine of Rs. one lac each, and in default of payment of fine, to further undergo rigorous imprisonment for six months each.

(2.) The case of the prosecution is that on 6.6.1997, Inspector Joginder Singh along with one Baldev Singh and some other police officials was going in Government Gypsy No. PB-08B/2206 being driven by constable Paramjit Singh for patrol duty from village Baghapurana towards village Mandirawala and when they reached near the canal bridge, a maruti car No. PCS/5955 came from the side of Charik and stopped at some distance on seeing the Police Party. Accused Jagsir Singh ran away from the front seat of the car towards village Mandirawala. The car was apprehended, which was being driven by Jasveer Singh accused and Suba Singh accused was sitting near him on the front seat. Inspector Joginder Singh told the accused that they could opt for being searched before a Gazetted Officer/or a Magistrate and in reply, they opted for being searched before a Gazetted Officer. Accordingly, DSP Harcharan Singh was called at the spot and in his presence, Inspector Joginder Singh conducted the search of the car and three bags of poppy husk were recovered from the backseat of the Maruti car. A sample of 250 grams was taken out from each bag and the residue, on weighment, was found to be 40 Kgs. of poppy husk in each bag. The sample parcels and the residue were sealed with seal JS and were taken into possession and seal after use was handed over to ASI Harpreet Singh. A rukka was sent to the Police Station, on the basis of which the FIR was recorded. Site plan was prepared. The accused was arrested and the case property was deposited with the MHC.

(3.) The support of its case, the prosecution inter alia examined PW-4 Inspector Joginder Singh, whose evidence is corroborated by PW-1 ASI Harpreet Singh, apart from other evidence led by the prosecution.