PRATAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide judgment dated 27.1.2009 (under challenge) passed by the Special Court, Patiala, convicted and sentenced the accused-appellantPartap Singh @ Kala and Sukhbir Singh (non-appellant) to undergo rigorous imprisonment for 11 years and to pay fine of Rs. 1,10,000/- each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to 'the Act').

(2.) On the wee hours of 18.9.2006, Inspector Karansher Singh had raised a picket where just before 4 a.m., he received a secret information that accused were coming in the Scorpio jeep bearing registration No. MH- 043A/8858 from the side of Guhla Cheeka carrying some contraband. At this, after joining Gurcharan Singh, an independent witness, the police party were put on alert. At about 4 a.m. the aforesaid Scorpio vehicle arrived there. On giving signal, the driver of the jeep, who later on came to known as Partap Singh @ Kaka, struck the jeep in the barricade and all the four occupants including him tried to flee away. However, two of them succeeded in escaping under the garb of darkness, whereas the appellant and one Sukhbir Singh @ Bittu were apprehended. After giving them option to be searched in the presence of a gazetted officer or a Magistrate, the accused opted to be searched by a gazetted officer. Accordingly, memos Ex. PG and PH were prepared in that regard. Thereafter, DSP Bhupinder Singh, Samana was informed, who arrived at the spot. After disclosing his identity to the accused, he showed his intentions to search the vehicle. Thereafter, as per the directions given by the DSP, Inspector Karansher Singh searched the vehicle and recovered 12 bags of poppy husk. Two samples of 100 grams each from each bag were separated and were numbered as 1-A to 12A. On weighment of the residue each bag came to be 39.800 kgms, which were numbered as 1 to 12. The parcels of all the samples were prepared and sealed with the seal impression 'KS' and 'BS'. Sample seal Ex. P1 was prepared separately and the seal after use was handed over to Gurcharan Singh. Similarly, gunny bags after weighment were also sealed. Then the entire case property was taken into possession, vide recovery memo Ex. PE. Vehicle alongwith RC was also taken into possession, vide recovery memo Ex. PJ. As per the registration, the vehicle was found in the name of one Mrs. Gupta, resident of Coppercane Navi Mumbai.

(3.) Ruqa Ex. PO was sent through C. Balbir Singh for registration of the case, on the basis of which FIR Ex. PO/1 was recorded. The Investigating Officer prepared the rough site plan Ex. PP. Personal search memos of the accused Exs. PK and PJ were prepared. After informing the accused the grounds of arrest, they were arrested. On the same day, the Investigating Officer produced the case property as well as the inventory of the case property Ex. PX alongwith accused before the Sub Divisional Judicial Magistrate, Samana, who passed the order Ex. PS/1. Since Partap Singh was injured while striking the jeep, therefore, he was got medico legally examined, vide application Ex. PT and the report of doctor Ex. PT/2 was obtained in that regard.