KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TWO appeals bearing Crl. A. Nos. 452 and 414-SB of 2002 have been filed by Karamjit Singh and Jit Singh, appellants, respectively, against judgment and order dated 29.1.2002 passed by Judge, Special Court, Sangrur, whereby they were found guilty and convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the Act") and each one of them was sentenced to RI for 10 years and a fine of Rs. one lac. In default of payment of fine, the defaulter was further sentenced to undergo RI for one year.

(2.) BRIEFLY stated, the facts are that on 25.8.1999, PW-4 Sukhdev Singh, Sub Inspector, alongwith PW-5 ASI Gurdev Singh and other police officials was present at T-point, Chaunda Road in the area of Village Amargarh in connection with Nakabandi. He received secret information that the appellants had concealed huge quantity of poppy husk in the groove of trees in Khatans near nursery near canal bridge Mahorana towards the side of Village Slar and if raid was conducted, they could be apprehended red handed at the spot alongwith poppy husk.

(3.) AFTER sending the Ruqa, PW-4 Sukhdev Singh, Sub Inspector, alongwith members of the police party went to the place in question and found that both the appellants were sitting on the gunny bags. On seeing the police party, Jit Singh @ Tipa, appellant, managed to escape, although he was identified by PW-4 Sukhdev Singh, Inspector, in torch light. Karamjit Singh, appellant, was apprehended at the spot. PW-4 Sukhdev Singh, Sub Inspector, told Karamjit Singh that his personal search as well as gunny bags were to be searched and if he so desired, he could be searched in the presence of a Gazetted Officer or a Magistrate, on which he opted for the search in the presence of a Gazetted Officer. Accordingly, his consent statement, Ex.PE, was recorded, which was signed by the appellant, Karamjit Singh and attested by the witnesses. PW-4 Sukhdev Singh, Sub Inspector, thereafter sent wireless message to DSP Ranbir Singh to reach the spot. In the presence of the DSP and under his directions, search was conducted of the 46 gunny bags, which, on search, were found to contain poppy husk. On weighment, each gunny bag contained 35 kgs. of poppy husk. Two samples of 250 grams each were taken out from each of the gunny bags. The sample parcels and the remainder in gunny bags were separately sealed with the seal of 'SS'. Sample seal of 'SS', Ex. P1, was separately prepared and seal, after use, was handed over to Ranjit Singh, PW. DSP Ranbir Singh (now deceased) also attested the case property as well as sample seal chit, Ex. P1. The sealed samples as well as the remainder poppy husk in the gunny bags were taken into possession vide memo Ex. PF attested by the witnesses including Ranbir Singh, DSP. On personal search of Karamjit Singh, Rs. 150/- were recovered, which were also taken into possession vide memo Ex. PG. He prepared rough site plan, Ex. PJ, of the place of recovery with correct marginal notes. He recorded the statements of the witnesses.