SANDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against an order passed by the learned Special Judge, Ferozepur convicting the appellants for an offence under Section 15 of the Narcotic Drugs & Pyshotropic Substances Act, 1985 (for short the Act ) on 06.10.2009 and sentencing, vide the order of the same date, to undergo 12 years rigorous imprisonment and a fine of Rs.1,00,000/- each.

(2.) ASI Parshan Singh sent a ruqa to Police Station for registration of an FIR on 03.06.2002 at around 10 PM when he was in the area of Sitoguno Udhe Petrol Pump. He stated that he along with ASI Resham Singh and other officials were present on defence road near Bus Stand Bishanpura. A jeep with three persons came from the side of Bishanpura. He gave signal to jeep to stop with the help of torch light but the driver of the jeep sped away. He chased the jeep with the help of accompanying officials but the jeep struck in the standing truck near Sitoguno Udhe Petrol Pump. Two persons succeeded in fleeing away from the jeep and the third person was injured having sustained injury on his arm, who was apprehended. He disclosed his name as Sandeep Singh son of Dalbir Singh Kamboj (appellant No.1) and that one of the escaped person is Kewal Singh who had a workshop of jeeps situated opposite of P.S.E.B. at Malout. The name of the second person was not known to Sandeep but he said that he can identify him.

(3.) On apprehension that there can be intoxicating material in the gunny bags being carried in the jeep, he was offered to be searched in the presence of some Magistrate or Gazetted Officer but Sandeep Singh consented to be searched by the ASI. It is recorded that efforts were made to associate the public witnesses but none was ready. The search was conducted by ASI Parshan Singh and three gunny bags of poppy husk were recovered. From each bag 250 grams of poppy husk was separated as samples. Two bags weighed 31 KG 750 Grams each, whereas the third bag weighed 15 KG 750 Grams. The samples were sealed. During the personal search of Sandeep Singh currency notes worth Rs.50/- was recovered on the basis of which such ruqa FIR Ex.P10 was lodged at about 11 PM on 03.06.2002.