MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order dated 20/23.10.1989 passed by learned Addl. Sessions Judge, Barnala vide which appellants-Mithu Singh, Mohinder Singh and Major Singh were convicted and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1 lac each and in default of payment of fine, to further undergo RI for two years under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'the Act'). Appellant Lal Singh was convicted and sentenced to undergo R.I. for ten years with a fine of Rs. 1 lac and in default of payment of fine to further undergo R.I. for two years under Section 25 of the Act.

(2.) THE case of the prosecution is that on the night intervening 11/12 June, 1987 at Hadiaya tri-junction, the police party headed by Paramjit Singh, Deputy Superintendent of Police laid a nakabandi to check the vehicles. Inspector Iqbal Singh, Joginder Singh, ASI and a few more police officials were the members of the naka party. At about 4 a.m. tractor No. PBD 719 was seen approaching along the main road from the side of Dhanaula. At the behest of the Deputy Superintendent of Police, torch light signal was given to stop the tractor. The driver of the tractor tried to turn back the tractor and on suspicion the tractor was stopped. Major Singh was driving his tractor. His co-accused namely Mohinder Singh and Mithu Singh were sitting on the mud- guards of the tractor with their faces backwards. Both of them were holding gunny bag kept on the rear lift recovered. Gunny bag was removed from the tractor and it was searched. From the gunny bag, 9 polythene bags were recovered. Each of the bag was found to contain illicit opium weighing 5.20 gm. Samples of opium were taken from each of the nine bags and were separately sealed with the seal of Inspector Iqbal Singh bearing letters IS. The sealed parcels and the tractor were taken into possession by the investigating officer vide recovery memo Ex.PA. The specimen impression of the seal used Ex.P-1 was retained separately. Ruqa was sent to the police station, Barnala upon which FIR was registered. Accused appellants were taken into custody. On the completion of the investigation, challan against Mithu Singh, Mohinder Singh and Lal Singh was put in the Court. On commitment, this case was entrusted to Additional Sessions Judge, Barnala.

(3.) TO prove its case, the prosecution has examined Iqbal Singh as PW-1. He is the investigator of the case. Joginder Singh was examined as PW-2. He is the recovery witness. Amar Nath Clerk was examined as PW-3. He has proved that the tractor No. PBD 719 has been registered in the name of Lal Singh son of Bishan Singh of village Dhaula and the registration book is Ex. P-5. Paramjit Singh Dy. S.P. was examined as PW-4. The recovery was effected from the appellants in his presence by Iqbal Singh. The prosecution also tendered into evidence affidavits of HC Ajit Singh and C. Paramjit Singh as Ex.PW5 and Ex.PW-6 respectively, C. Ranjit Singh Ex.PG and report of Chemical Examiner as Ex.PH and closed the cases.