LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 28.05.2003 passed by the learned Judge, Special Court, Patiala, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). In default, to further undergo rigorous imprisonment for six months.

(2.) Brief facts of the case are that on 19.07.2000, SI Manjit Singh, SHO, Police Station Samana along with HC Bhupinder Singh and some other police officials were present on the turning of Waraichan street Samana in connection with patrolling. SI Manjit Singh received secret information that accused Lakhwinder Singh and Channa Master Depot Wala along with their driver are in the habit of selling poppy husk in the area of Samana while carrying the same on Canter No. HYS-9132 and on that day, they were in the area of Samana for the purpose and if naka is held in the area of Village Danipur, heavy quantity of poppy husk can be recovered from their possession. Believing the information reliable, SI Manjit Singh sent ruqa to the Police Station for the registration of case against the accused, on the basis of which, formal FIR was registered. Thereafter, he requested the DSP to reach at the spot. Then SI Manjit Singh along with the police party and PW Iqbal Singh and Kanwarjit Singh reached in the area of Village Danipur and held nakabandi at the turning of road. After some time, DSP Ashwani Kumar also reached there. In the meantime, one canter bearing No. HYS-9132 came from the side of Village Danipur and the police party signaled the same to stop. The driver of the vehicle after stopping it at a distance of about 50 paces escaped from the spot along with a person, namely, Channa, who was also sitting in the vehicle. However, accused Lakhwinder Singh was apprehended at the spot. DSP Ashwani Kumar disclosed his identity to the accused being a Gazetted Officer and he told the accused that they wanted to conduct the search of the bags and if he so desired, the search of the vehicle can be conducted in the presence of a Magistrate, but the accused reposed confidence in the DSP. Consent statement of the accused was recorded. Thereafter, on the directions of the DSP, SI Manjit Singh conducted the search of the Canter.

(3.) There was one bunker made of wooden logs inside the canter, which was found to contain 22 bags containing poppy husk. Two samples of 250 grams from each bag were separated and made into parcels. On weighment each bag was found to contain 15.500 kgs of poppy husk, which were put in the same bags and made into separate parcels. All the parcels were sealed with the sale bearing impression 'MS' of SI Manjit Singh and 'AK' of DSP Ashwani Kumar. Seal after use was handed over to PW Iqbal Singh. Entire case property was taken into possession. SI Manjit Singh prepared visual site plan. On return to the Police Station, SI Manjit Singh deposited the case property with MHC. On the next day i.e. 20.07.2000, SI Dalbir Singh produced the accused along with case property before Sub Divisional Judicial Magistrate, Samana. On receipt of the report of Forensic Science Laboratory and after completion of investigation, challan was presented against the accused in the Court. On 03.05.2002 co-accused Brij Lal was arrested by SI Manjit Singh and supplementary challan was presented by Inspector Harbhajan Singh. Finding a price facie case against the accused, they were charge-sheeted to which they pleaded not guilty and claimed trial.