CHUHAR SINGH S/O MOHINDER SINGH; JARNAIL SINGH SON OF UDHAM SINGH; AVTAR SINGH SON OF MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chuhar Singh son of Mohinder Singh, resident of village Gongon, Jarnail Singh son of Udham Singh, resident of village Iberhaimpur and Avtar Singh son of Mehar Singh, resident of village Golian have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) vide impugned judgment dated November 18, 1995 of learned Additional Sessions Judge, Hoshiarpur and have been sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000/- each, in default of payment of fine to undergo further RI for three years. However, Shangara Singh son of Swaran Singh, resident of Bullowal, who was also booked alongwith the present three appellants, has been acquitted by the trial Court. No appeal has been filed by the State against his acquittal.

(2.) A truck bearing registration No. PCH-5497 loaded with 105 bags of poppy husk power was apprehended on October 10, 1994 at about 4-00 AM in village Panam within the jurisdiction of police station Garhshanker, District Hoshiarpur.

(3.) In brief, the case of the prosecution is that on 9-10-1994, Mukhtiar Singh DSP Garhshanker (PW3) received a secret information that Chuhar Singh and Jarnail Singh appellants were coming in a truck No. PCH-5497, loaded with poppy has, powder from Balachaur to Garhshanker. On the basis of the said information, DSP Mukhtiar Singh (PW3) gave a wireless message to Inspector/SHO Kamal Ram PW2, directing him to reach with his officials at T-point in the area of Garshanker on Nawanshahar road. Thereafter DSP Mukhtiar Singh (PW3) and Inspector Kamal Ram (PW2) reached there. DSP Mukhtiar Singh and SI Ram Kamal Ram (PW2) to hold nakabandi near a bridge of canal and thereafter DSP Mukhtiar Singh and SI Ram Singh alongwith other officials held a nakabandi on a miner canal bridge in the area of village Panam, tehsil Dasuya. At about 4-00 AM a truck came from the side of Balachaur and the same was stopped by giving signal with the torch light. The present three appellants and Shangara Singh (since acquitted) were found sitting on the front seat. Avtar Singh appellant was driving the truck. DSP Mukhtiar Singh informed the appellants that he had to search the truck as he had the suspicion that it was carrying poppy husk bags. He then made an offer to them as to whether they wanted to conduct personal search of the police officials before the truck could be searched. The accused replied that they did not want to conduct their personal search and that the police officials could search the truck. Consent memo. (Exhibit PA) was reduced into writing in this respect. which was duly signed by all the four accused and was attested by Inspector Kamal Ramand SI Ram Singh. Thereafter the truck was searched and it was found loaded with a number of bags, which were covered with a tirpal and rope. The truck was got unloaded and the bags were then counted, which were found to be 105 in number. These bags were found to contain poppy husk powder. Each bag was weighed and it contained 40 Kilograms of poppy husk, including the weight of the bag. Thereafter DSP Mukhtiar Singh extracted 250 grams of poppy husk from each bag separately and sealed all the 105 bags containing the remaining poppy husk powder. 105 samples were also sealed with the seal of SI Ram Singh having the seal impression 'RS'. All the bags (Exhibits P1 to P105) and 105 sample parcels, the truck, tirpal and rope were taken into possession vide recovery memo. (Exhibit PB). From the search of the cabin of the truck, a national permit (Exhibit P 108), three other permits (Exhibits P109 to P111), one Authorization Certificate (Ex. P112), the Insurance Policy Book (Ex. P113), Registration Certificate (Ex. 114) were recovered and the same were also taken into possession vide separate recovery memo. (Exhibit PE). Ruqqa (Ex. PJ) was sent to the police station, on the basis of which FIR (Exhibit PJ/1) was registered by Paramjit Singh MHC (PW-4). The rough site plan was also prepared at the spot. DSP Mukhtiar Singh after investigating the case partly handed over the investigation to PW2 Kamal Ram SHO. He deposited 105 bags, 105 sample parcels, truck, rope and tirpal besides other documents with MHC Paramjit Singh with all the seals intact. Inspector Kamal Ram thereafter searched the house of Chuhar Singh appellant and recovered Rs. 70,000/- in cahs, bank pass-book and the same were taken into possession vide recovery memo Exhibit PD. The samples were sent to the Chemical Examiner and after receipt of the report of chemical analysis (Ex. PG), all the four accused were challaned.