AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Amarjit Singh has filed this appeal against the judgment and order dated 12.6.2008 passed by the learned Judge, Special Court, Jalandhar, whereby he has been held guilty for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,50,000/- and in default of payment of fine to further undergo rigorous imprisonment for one and half years for the offence under Section 15 of the Act. However, accused Vijay Kumar has been acquitted of the charge framed against him. Paramjit Singh alias Pappu died during the pendency of trial and trial against him has been abated.

(2.) The brief facts of the prosecution case are that on 21.2.2006, Inspector Jaskiranjit Singh, SHO along with ASI Surjit Singh, ASI Rachhpal Singh and other Police officials were on patrol duty and had laid a 'Naka' at Bus Stand, Nawanshahr and he received a secret information against Paramjit Singh alias Pappu, Amarjit Singh alias Pamma and Billa, who were carrying narcotics and transferring the same from Rajasthan and going to Banga via Ludhiana, Phillaur. The information being reliable, a 'Ruqa' Ex.PA was sent on the basis of which formal FIR Ex.PA/1 was registered.

(3.) The Police party then went towards the Sutlej river bridge, Phillaur, where they laid a 'Naka'. PW Surjit Singh was joined in the Police party. On the intervening night of 21/22.2.2006 at 12.15 a.m. (night) one Tempo Tata 407 bearing No.HP-37-3205 came from the side of Ludhiana. From the vehicle, one person, who was sitting on the left side of the door fled away. The remaining two persons Paramjit Singh and Amarjit Singh were apprehended and Paramjit Singh was driving the vehicle. The Investigating Officer disclosed his identity and told them that he suspected some contrabands in the truck and wanted to get the search of the same and also told them that they could get their search from him or from a gazetted officer of Punjab State or a Magistrate as they had got a legal right. The accused wanted their search to be conducted from Gazetted Police Officer. The intimation was given to Gursharandeep Singh, DSP, Sub Division, Phillaur, who also reached at the spot and introduced himself to be the Gazetted Officer and disclosed his identity to the accused. The accused gave their consent and consent memos Exs.PD and PE were prepared. Thereafter, on the direction and supervision of DSP Gursharandeep Singh, the Investigating Officer conducted search of the aforesaid vehicle and underneath the tarpaulin from the body of the vehicle 22 bags were recovered. On further search of the vehicle 10 bags were recovered from the double floor of the vehicle. All the bags were weighed which came to be 35 kgs. each. The tarpaulin was spread on the floor and out of 32 bags, 8 gunny bags were opened and mixed up. The similar process was completed for remaining 24 bags and these were mixed up thrice. Each time two samples of 250 grams each were drawn from each 8 bags and in all eight samples were drawn and sealed parcels were prepared. The remaining 32 bags came to be 34 Kgs. 500 grams each which were again refilled in the same 32 bags. The samples and the bags containing poppy husk were sealed with the seal bearing impression 'JKS' and DSP also put his seal bearing seal impression 'GS'. Sample seals were prepared. Case property was taken into Police possession vide recovery memo. Rough site plan was prepared. The statements of witnesses were recorded. Case property along with samples were also produced before the Court. The accused were arrested. On return, the entire case property was deposited with MHC Harjinder Singh on the same day. The case property was also produced before the Illaqa Magistrate on the same day after taking from the MHC. After necessary investigation, challan was produced in the Court.