SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two connected criminal appeals; CRA No.D-103-DB of 2007 and CRA No.D-112-DB of 2007 arising out of the judgment/order dated 18.12.2006, passed by Judge, Special Court, Ludhiana, convicting and sentencing the appellants to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each, on each count under Section 15 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

(2.) The brief facts of the prosecution case are that on 07.06.1997, Inspector Charan Singh along with SI Bahadar Singh and other police officials along with Balwant Singh, DSP(D) Khanna was present at Malerkotla road chowk in connection with special checking.

(3.) At about 8.00 A.M. a truck bearing No.PUC-8591 came from the side of Mandi Gobindgarh and turned towards Malerkotla road. After giving signal, truck was stopped. Accused Sukhwinder Singh was driving the truck and Bhinder Singh was sitting by the side of the driver. At that time, Didar Singh, Sarpanch was also with the police party. DSP Balwant Singh disclosed his identity to the accused that he is a Gazetted Officer and expressed his desire to search the truck and also told that search could be conducted in the presence of some Gazetted Officer or Magistrate but the accused shown full faith in the police party. From the search of the truck, 10 bags containing poppy husk were recovered lying under the tarpal of the truck. Each bag was containing 36 kgs. of poppy husk. Two samples weighing 250 gms. were taken out from each bag. All the samples and the remaining bags were sealed by the Investigating Officer with the seal C.S. DSP Balwant Singh also put his seal bearing impression B.S.