AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-Appellants Babu Singh, Jasbir Singh @ Kala and Amrik Singh were indicted for having 420 kgs (14 bags) of poppy husk in their possession. Consequently, they were tried, convicted and sentenced to undergo rigorous imprisonment for twenty years and to pay fine of Rs. 2,00,000/- each under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein referred as, the Act) and accused-appellant Babu Singh has been further awarded rigorous imprisonment for ten years and to pay fine of Rs. 1.00 lac under Section 25 of the Act. Brief resume of facts is that on 8.7.2004, SI Bhupinder Singh along with other police officials was going for patrolling from Budhlada to village Ralli, on a government gypsy. When they reached near Guru Nanak Collage, Budhlada, the accused were found shifting the bags from the truck bearing registration No. HR-26-3445 to tractor-trolley bearing registration No. PBV 1898. In the meanwhile, SI Bhupinder Singh joined Jagmohan Singh. One of the accused who was sitting on the driver seat of the truck, on seeing the police party escaped by getting benefit of the darkness, whereas, two persons, who were shifting the bags were arrested and found to be Babu Singh (owner of the truck) and Amrik Singh. On suspecting that there was some contraband in the bags, the Investigating Officer flashed the wireless message to requisite the presence of Gazetted Officer at the spot, in response to which DSP Balbir Singh Khaira reached there. In the presence and as directed by the latter, the accused were given option to be searched in the presence of the Gazetted Officer or a Magistrate, however, both the accused opted to be searched before DSP Balbir Singh Khaira consequently, two memorandums were recorded in that respect. On search of the vehicles, 10 bags were recovered from the truck and four bags were found in the trolley attached to the tractor, which were found to be containing poppy straw. All the 14 bags were marked as Sr. No. 1 to 14. Thereafter two samples weighing 100 grams from each bag were taken out and the remainder bags came to be 29.800 kilograms each. The Investigating Officer sealed the bags as well as the sample parcels with his seal bearing impression "JUS" and the seal after use was handed over to PW Jagmohan Singh. The sample parcels were also numbered as 1-S to 14-S and 1 -SD to 14-SD. The sample parcels, bulk poppy husk as well as the truck and the tractor trolley were taken into possession while recording a memo. The accused failed to produce any permit or licence for keeping such huge poppy husk in their possession. The Investigating Officer also prepared a rough site plan of the place of occurrence, recorded statements of the witnesses and on return to the police station deposited the case property in the malkhana. SI Bhupinder Singh then dispatched the special report in terms of Section 57 of the Act and the case property along with accused were produced before Illaqa Magistrate on the next day i.e. 9.7.2004. After verifying and affixing his signatures, the Illaqa Magistrate passed the necessary orders and there being no space in the judicial malkhana, the case property was ordered to be deposited with the police malkhana.

(2.) The Investigating Officer on 21.7.2004, completed the FSL form and sent the sample parcels to the Chemical Examiner through C. Dilbagh Sigh on 22.7.2004. Ultimately challan was presented and the accused were charge sheeted.

(3.) The accused Jasbir Singh alias Kala, who escaped from the spot was arrested on 8.3.2005. Consequently, supplementary challan was presented against him.