DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of three appeals bearing Crl.A. No. S- 2774 SB of 2011, Crl.A. No. S 9 SB of 2012 and Crl.A. No. S- 2801-SB of 2011, as all these appeals have arisen out of the same judgment.

(2.) Briefly stated, SHO Police Station, Bhikhi Mansa sent Jaswinder Singh @ Lali, Darshan Singh and Inderjit Sharma to stand trial for offence under Section 15 of the NDPS Act, in respect of FIR No. 105 dated 4.8.2008 registered at Police Station Bhikhi, for having been found in possession of 30 kgs 200 grams of poppy husk without any licence or permit.

(3.) The case of the prosecution, as enumerated from the record is that on 4.8.2008 ASI Nachattar Singh alongwith police party was present in connection with patrolling and checking of suspects in an official vehicle bearing registration No. PB-31C-9347. The police party was proceeding from CIA Mansa towards area of police station Sadar Mansa and Bhikhi and when the police party reached at Bus Stand Mansa, Bhagwan Singh @ Bhana met them and he was joined in the police party. The said police party was present at the drain bridge in the area of Dhaipi. A car was spotted. ASI Nachattar Sing gave a signal to the driver of the car to stop it and the car stopped in the middle of seepage drain and all the accused tried to run away after opening its windows. On suspicion, all the three accused were apprehended at the spot by ASI Nachattar Singh with the help of other police officials. Accused Jaswinder Singh was driving the car and accused Darshan Singh was sitting with Jaswinder Singh driver and accused Inderjit Sharma was sitting on the rear seat of car. ASI Nachattar Singh checked the car and a gunny bag containing poppy husk was recovered from the front seat of the car and some poppy husk was also scattered in it. From the recovered poppy husk, two samples of 100 grams each were separated and converted into separate parcels. On weighment, the bag containing the remaining poppy husk came to 30 kgs and the same was converted into separate parcel. All the three parcels were sealed by ASI Nachattar Singh with his seal. The entire case property including car bearing registration No. PB 42A 2511 was taken into possession vide recovery memo attested by Bhagwan Singh @ Bhana. Ruqa was sent to the police station on the basis of which formal FIR was recorded. Personal search of accused was conducted by preparing separate memos. Accused were arrested. The investigating officer prepared rough site plan of the place on recovery. Samples were sent to the office of Chemical Examiner. After receipt of report of Chemical Examiner, Kharar and completion of formal investigation, challan was presented against the accused.