HARWINDER SINGH ALIAS RIPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two criminal appeals bearing CRA-D-102-DB of 2011 and CRA-S-197-SB of 2011 are being disposed of together as they arise out of order of the Trial Court dated 07.12.2010, convicting all the three appellants for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 [for short "the Act"] and sentencing them as under:-

(2.) As per case of the prosecution, on 02.10.2006, Harvinder Pal Singh Kang, A.I.G., Counter Intelligence, Amritsar along with SI Baldev Singh told Inspector Balbir Singh (PW 4), posted in Special Narcotic Cell, Amritsar that as per secret information, notorious heroin international smugglers Karnail Singh @ Kali, Chanan Singh @ Channa and Harwinder Singh @ Ripal (appellants) were roaming near bus stand, Amritsar in their Maruti car bearing registration No. DL-IC-3673 : If he picket and raid near the bus stand, the appellants along with huge quantity of heroin could be apprehended. PW 4 brought the said information to the notice of Makhan Singh, SSP, SNC, Amritsar, and constituted a team of SI Har winderpal Singh; SI Varinder Kumar and other police officials. He along with the police team reached near the Bus Stand, Amritsar in departmental bus and started picketing after putting barricades. They saw blue coloured Maruti car bearing registration No. DL-IC-3673 coming from the side of General Bus Stand, Amritsar which was signalled and stopped at some distance from which three persons with bags in their hands were trying to escape. However, they were apprehended by the police party and on disclosure, they were found to be the appellants. PW 4 disclosed each of the appellant his identity and informed that he suspect some narcotic intoxicant and psychotropic substance in their possession and before conducting the search, they were informed that they have a right to be searched by some Gazetted Officer or Magistrate whom they trust. The appellants did not repose faith in him and opted for search in the presence of some Gazetted Officer. PW 4 prepared non-consent memos Ex. PM, Ex. PP and Ex. PO of all the three appellants. Accordingly, he requested DSP Rajpal Singh (PW 1) to reach at the spot and in the meantime, one Ramesh Chand son of Dayal Chand was also associated. After reaching, DSP Rajpal Singh (PW 1) disclosed his identity to the appellants and again made an offer that they can get themselves searched from some other Gazetted Officer whom they trust, but all the appellants separately reposed faith in him. Accordingly, accepted memo of consent Ex. PA, Ex. PB and Ex. PC were prepared which were thumb marked and signed by the appellants. On the direction of PW 1, PW 4 conducted search of the bag from which one Kg. heroin each was recovered from Channan Singh and Karnail Singh and 2 Kg. heroin was recovered from Harwinder Singh @ Ripal. Separate recovery memos Ex. PD, Ex. PF and Ex. PH were prepared and recovery memo of hand bags Ex. PK, Ex. PL and Ex. PM from which heroin was recovered were also prepared. The personal search of the appellants was conducted and separate memos Ex. PE, Ex. PG and Ex. P1 were prepared. Maruti car used for the purpose of transportation was recovered by the separate recovery memo Ex. PN and then all the three appellants were arrested vide arrest memos Ex. PR, Ex. PS and Ex. PT. The case property contained in four parcels of heroin, each weighing 995 grams, was sealed with seals BS and RS.

(3.) After completion of the investigation, challan was presented and the appellants were charge-sheeted for commission of offence under Section 21 of the Act.