SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Sukhwinder Singh has preferred the appeal against the judgment and order of sentence dated 21.08.2007 passed by the Judge, Special Court, Jalandhar, vide which he has been convicted and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.1,50,000/- and in default of payment of fine to further undergo rigorous imprisonment for three years for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'the Act').

(2.) Brief facts of the prosecution case are that on 03.02.2006, when Sub Inspector Roor Singh alongwith other police officials was present at T point in the area of Talwandi Butian in connection with special nakabandi, a TATA Sumo bearing registration No.HR-26-J-0384 came from the side of village Manakpur. Accused Sukhwinder Singh, who was driving the vehicle, on seeing the police party tried to reverse his vehicle but was apprehended and gunny bags were found lying in the vehicle. On suspicion, the accused was asked whether he wanted to get searched from Magistrate or some gazetted officer. Accused stated that he wanted to get his personal search from Magistrate and regarding this memo Ex.PC was prepared. Information was given on mobile phone to Executive Magistrate-Naib Tehsildar Sh.Ram Anand and DSP Sh.Rajjit Singh, Sub Division Nakodar (Shahkot). On arrival, the DSP and the Executive Magistrate introduced themselves to the accused and consent memo Ex.PA was prepared. On directions of Executive Magistrate, Investigating Officer opened the gunny bags lying in the TATA sumo and found poppy husk. From each bag, sample of 250 grams was drawn and on weight, the remaining poppy husk came out to be 39 kgs 750 grams in each gunny bag. All the samples and gunny bags were sealed by the Investigating Officer with the seal bearing impression 'RS' and Executive Magistrate affixed his seal bearing impression 'SRA' and DSP also affixed his seal bearing impression 'RS'. The samples and case property alongwith vehicle were taken into police possession vide memo Ex.PB. Ruqa Ex.PD was sent to the police station on the basis of which formal FIR was recorded. Rough site plan Ex.PE was prepared. Statements of witnesses were recorded. Accused was arrested. On arrival at police station, Shahkot, Investigating Officer produced the accused alongwith samples and case property duly sealed with SHO Piara Singh, who affixed his seal 'PS' on the samples and the case property. Sample seal impression was also prepared and the case property alongwith samples and sample seal impression was deposited by SHO Piara Singh to MHC Nirmal Singh in an intact condition. On receipt of Chemical Examiner report Ex.PH and after necessary investigation, challan was presented.

(3.) On presentation of challan, the copy of challan and other documents were supplied to the accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charged for the offence under Section 15 of the Act to which he pleaded not guilty and claimed trial.