KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 12.12.2002 passed by the learned Judge, Special Court, Sangrur, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ). In default, to further undergo rigorous imprisonment for one year.

(2.) Brief facts of the case are that on 10.04.2000, a police party headed by SI Jasmel Singh on official vehicle being driven by CII Pal Singh, in connection with Naka Bandi duty was present on bridge of the river Ghagar, in the area of Village Andana. Sarban Singh son of Masadi Ram came at the spot, with whom, Investigating Officer was talking. In the meantime, accused was seen coming from the side of the Village Andana, on a bicycle, on the carrier of which a bag was lying and another bag was lying in the frame of the cycle. On seeing the police party, accused threw away the cycle on the ground and tried to run away. On suspicion, accused was apprehended with the help of police party. Since the Investigating Officer suspected some contraband in the gunny bags, he asked the accused whether he wanted to get searched his bags in the presence of a Gazetted Officer or Magistrate. The accused gave option that search be effected in the presence of some higher officer. Consent statement of accused (Ex.PA) was recorded. Thereafter, Inder Mohan Singh, DSP, Moonak was called through QST, who reached at the spot. DSP Inder Mohan Singh recorded another consent statement of the accused (Ex.PB). On the direction of the DSP, both the bags were searched, which led to the recovery of 70 kgs of poppy husk. Poppy husk from both the gunny bags was poured on a piece of cloth and thereafter, two samples of 250 grams each were separated and converted into two separate parcels. Thereafter, 35 kgs. of poppy husk was put into one gunny bag and remaining 34-1/2 kgs. of poppy husk was put into another gunny bag and both the gunny bags were converted into two separate parcels. All the parcels were sealed by the Investigating Officer with his seal bearing impressions 'JS'. DSP Inder Mohan Singh also put on all the parcels his own seal bearing the impression 'IMS'. Sample seal chit (Ex.P1) was separately prepared. Seal after use was handed over to PW Sarban Singh. All the four parcels along with cycle were taken into possession vide recovery memo Ex.PC. On a personal search of accused, nothing was recovered. Ruqa Ex.PG was sent to the police station, on the basis of which formal FIR (Ex.PF/1) was registered. Thereafter, Investigating Officer prepared a rough site plan. After completion of investigation, challan was presented against the accused in the Court. Finding a prima facie case against the accused, he was charge-sheeted to which he pleaded not guilty and claimed trial. The prosecution, in order to prove its case, examined PW1 ASI Babu Singh, PW2 SI Jasmel Singh, PW3 Sudesh Kumar, Reader of the Court of Sh. S.K. Singla, JMIC, Sunam, PW4 Constable Nafe Singh, PW5 HC Narshi Ram and PW6 DSP Inder Mohan Singh and closed its evidence.

(3.) Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. All incriminating circumstances were put to him. He denied the same and pleaded false implication. However, in his defence, he has examined DW1 Narinder Pal Singh and DW2 Sarban Singh. The learned Trial Court, after trial, convicted and sentenced the accused appellant as aforesaid. Hence, this criminal appeal. I have heard learned counsel for the appellant, as well, as the learned State counsel.