GURINDER SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two accused, namely, Darshan Singh and Gurinder Singh were challaned by the police for keeping in their possession 5 bags of Poppyhusk on 31.08.1994. Though challan against both the accused was presented in the Court, yet Gurinder Singh was declared Proclaimed Offender. As such, Darshan Singh alone was tried and acquitted. However, later on, Gurinder Singh was arrested and produced in the Court.

(2.) Consequently, he was tried, convicted and sentenced to undergo Rigorous Imprisonment for ten years and six months and to pay a fine of Rs.1,50,000/- and In default of payment of fine, he was to further undergo Rigorous Imprisonment for one year, vide judgment dated 24.12.2008 passed by the learned Judge, Special Court, Ludhiana.

(3.) Briefly stated, the case of the prosecution is that on 31.08.1994, S.I./S.H.O. Sakattar Singh along with ASI Rajinder Pal Singh, ASI Sohan Singh and other police officials was present on the bridge of canal minor falling in the revenue estate of village Chimna. At about 2.30 a.m., he noticed two persons coming from the side of village Barsal school via road. S.I./SHO Sakattar Singh signalled them to stop with the help of torch. The driver of the tractor, Darshan Singh, tried to take it backwards. Gurinder Singh was sitting on the left side mud-guard of the tractor. Both the accused were apprehended with the help of other police officials. After disclosing his identity, the Investigating Officer, after giving them option for getting them searched by a Gazetted Officer or a Magistrate their statements Exhibits PW-3/A and PW-3/B, in this regard were recorded. On search of the tractor, five bags of Poppy-husk were found tied on the lift of the tractor fitted on the backside. On search of the bags, each bag was found to contain Poppy-husk. After drawing two samples of 250 gms each of the Poppy-husk from each bag, the remaining Poppy-husk came out to be 34 kgs. 500 gms. in each bag. Investigating officer sealed the sample parcels as also the bulk Poppy-husk bags with the seal bearing impression "SS" and entrusted the seal after its use to ASI Sohan Singh. Thereafter, he took the bulk Poppy-husk, the parcels and the tractor into possession vide recovery Memo Exhibit PW-2/A. Ruqa Ex. PW-3/C was sent to the Police Station through Constable Nasib Singh on the basis of which, First Information Report Exhibit PW-3/D was registered by SI Jagir Singh.