SUKHWINDER SINGH ALIAS SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed by the accused Sukhwinder Singh Sukha and Rasal Singh against the judgment dated 29/8/2001 and order dated 30/8/2001 passed by the Special Judge. Ferozepur, whereby they were found guilty and convicted under Section 15 of the NDPS Act and sentenced to R. I. for 10 years and a fine of Rs. one lac each. In default of payment of fine the defaulter was further ordered to undergo R. I. for one year.

(2.) Briefly stated the facts are that on 10/8/1991 ASI Joginder Singh, In-charge. Police Post Khosa Randhir under Police Station Dharamkot along with other police officials and employees of Border Security Force was returning to the Police Station. When they reached near the turning of link road leading to Village Nihalgarh, a truck bearing Registration No. PNO-5540 was seen coming from the side of Village Nihalgarh. When it reached just on the main road, then it was stopped on suspicion. The truck was being driven by the appellant, Rasal Singh son of Chanan Singh, Pargat Singh (now deceased) and Sukhwinder Singh appellant were sitting on the body of the truck. All of them alighted from the truck and disclosed their identity. When ASI Joginder Singh was checking the body of the truck then Rasal Singh, Driver of the truck ran away from the spot towards the fields. Efforts were made to arrest him but in vain. The ASI gave notice to Sukhwinder Singh and Pargat Singh about the search of the truck in the presence of Gazetted Officer or Magistrate but they gave their consent to get the search of the truck conducted by Joginder Singh ASI. Consent memo to this effect was prepared. Thereafter, ASI Joginder Singh conducted the search of the truck which was found to contain 55 gunny bags containing poppy husk. 100 grams of poppy husk was separated out from each of the gunny bag. The remainder in each gunny bag was found to contain 41 Kgs. 900 grams. The samples and the remainder in the 55 bags were separately sealed with the seal of JS and the same were taken into possession vide recovery memo attested by the witnesses. The personal search of the appellants Pargat Singh (now deceased) and Sukhwinder Singh was also conducted and their search memos were prepared.

(3.) Case was registered on the basis of Ruqa sent by Joginder Singh ASI. Rough site plan of the place of recovery was prepared with correct marginal notes. The Statements of the witnesses were recorded.