NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence dated 09.10.2007 passed by the learned Judge, Special Court, Jalandhar, whereby appellant- Nirmal Singh was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity "NDPS Act") and ordered to undergo rigorous imprisonment for ten years besides the payment of fine of Rs. 1,00,000/- and in default thereof, to undergo further rigorous imprisonment for a period of one year.

(2.) The brief facts of the case are that on 27.10.2000, Sub Inspector Gurwinder Singh (PW5) of Police Station, Division No.5, Jalandhar, along with other police officials was checking vehicles in the area of Lohar Nangal and in the meantime, Ambassador car of white colour bearing registration No.DL-1Y-2068 came there from the side of village Pholriwal. On seeing the police party, the driver of the car tried to take a sharp U-turn, however, due to the efforts made by the police party, the car was captured and Lalit Kumar, who was holding the steering of that car, Gudoo and Ram sitting on the front seat while Kesar Singh, Bhajan Singh and Nirmal Singh (appellant) sitting on the rear seat were apprehended. Sub Inspector Gurwinder Singh (PW5) disclosed to all the six occupants of the car that he was suspecting that contraband was available in the car, therefore, he wanted to search it. He also apprised of all the six occupants of the car of their legal right to opt for being searched by him or in the presence of a Gazetted Officer or a Magistrate. The occupants of the car opted to be searched in the presence of the Gazetted Officer and as such, Deputy Superintendent of Police, Dharam Singh Uppal (PW3) was requested by Sub Inspector Gurwinder Singh (PW5) to arrive at the spot. Deputy Superintendent of Police, Dharam Singh Uppal (PW3) reached the spot and disclosed his identity to the six occupants of the car and further obtained their option to be searched in his presence. Thereafter, Sub Inspector Gurwinder Singh (PW5) on the instructions of Deputy Superintendent of Police, Dharam Singh Uppal, searched the car and found two bags containing poppy husk placed in between the front and rear seats of the car and yet another bag containing poppy husk from the boot of the car. Two samples of 250 grams each of poppy husk were drawn from all the three bags and on weighment, the residue poppy husk was found to be 29.5 kgs in each bag, therefore, the total weight of poppy husk in three bags including the weight of the sample was 90 kgs. The samples and the bags containing the poppy husk were duly sealed with the seal of Sub Inspector Gurwinder Singh bearing impression "GS" and that of Deputy Superintendent of Police, Dharam Singh Uppal, bearing impression "DS". The specimen of the seal used were prepared on the spot. Deputy Superintendent of Police, Dharam Singh Uppal retained his seal himself while Sub Inspector Gurwinder Singh (PW5) handed over his seal to PW Subhash (not examined) who was joined by the police party during recovery proceedings. After completion of the investigation on the spot, the accused persons as well as the recovered articles were carried to the police station. The accused were confined in the lock up while the case property was deposited with the Moharrir Head Constable, Ashok Kumar (PW4).

(3.) Learned trial court framed the charge for the offence punishable under Section 15 of the NDPS Act against the accused persons. During trial, Lalit Kumar, Guddo, Ram and Nirmal Singh (appellant) absconded, therefore, they were declared as proclaimed offenders. However, the trial proceeded against Kesar Singh and Bhajan Singh. After completion of the evidence against them, learned trial court held Kesar Singh and Bhajan Singh guilty for the offence punishable under Section 15 of the NDPS Act and sentenced each one of them to undergo rigorous imprisonment for ten years besides the payment of fine of Rs. 1,00,000/; and in default to undergo further rigorous imprisonment for 1 year vide judgment dated 02.12.2005.