BALDEV SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed assailing the judgment and order dated 09.12.2003, passed by the learned Judge, Special Court, Patiala, (hereinafter referred to as the trial Court), whereby, the appellants have been convicted for the commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ -, or in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each. The brief facts of the present case as narrated in para 2 of the impugned judgment, are reproduced as under: - -

(2.) BRIEFLY , the prosecution story is that on 22.12.2001 S.I. Hans Raj alongwith some other police officials were present at Danipur Chowk Village Danipur in connection with the search of bad elements. There he received secret information that the accused were in habit of selling poppy husk in the area and on that day they were coming from Patiala in Tamker No. MP -09D -8176 for supplying poppy husk in the area of Village Bijalpur, Tellewal etc and if a naka is held on main Patiarla Samana road, they could be apprehended red handed. Believing the information as reliable, S.I. Hans Raj sent ruqa Ex. PA to the police station for the registration of the case, on the basis of which formal FIR Ex. PA/1 was recorded. Then S.I. Hans Raj alongwith the police party held nakabandi at T. point of Village Dhainthal, where P.W. Darshan Singh met them per chances, and he was joined in the police party. S.I. Hans Raj started talking with P.W. Darshan Singh and in the meantime at about 9.30 am Tanker No. MP -09D -8176 came from Patiala side and was signalled to stop. The truck stopped at some distance from them and all the accused tried to make good their escape, but they were chased and apprehended by the Investigator with the help of his fellow officials. On enquiry, all the accused disclosed their whereabouts. S.I. Hans Raj told the accused that he suspected some contraband in their possession and wanted to conduct their search. He also apprised the accused that if they so desire, their search can be conducted in the presence of some Gazetted Officer or Magistrate, at which the accused stated that their search be conducted in the presence of some Gazetted Officer. Dissent statements of the accused were recorded which were signed by accused Baldev Singh and Nishan Singh and thumb marked by accused Joginder Singh and attested by the witnesses. Then S.I. Hans Raj flashed message to D.S.P. Satbir Singh requesting him to reach at the spot, who arrived there within few minutes and disclosed his identity to the accused being a Gazetted Officer and D.S.P.(D), Patiala. The D.S.P. also told the accused that if they so desire, their search can be conducted in the presence of some other Gazetted Officer or Magistrate, but they all reposed confidence in the D.S.P.. Consent statements of the accused were recorded. Then on the direction of the D.S.P., Investigator S.I. Hans Raj conducted the search of the tanker, which led to the recovery of 40 bags of poppy husk from the tanker meant for oil. Two samples of 250 gms. from each of the 40 bags were separated and made into separate parcels. The remaining poppy husk in each bag on weighment came to be 19.500 kgm. which was put in the bags and made into separate parcels. All the bags were numbered as 1 to 40 and their samples 1, 1A to 40, 40A. All parcels were sealed with the seal bearing impression 'HR' of the Investigator and 'SS' of the D.S.P.. Specimen seal impression was also prepared. Seal after use was handed over to P.W. Darshan Singh. Entire case property was also taken into possession....

(3.) IN order to substantiate its case against the accused, the prosecution examined following witnesses: - -