LAWS(P&H)-2013-12-220

LALA Vs. STATE OF PUNJAB

Decided On December 20, 2013
LALA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS order of mine shall dispose of five appeals bearing Nos. 2391 -SB of 2007, 1692 -SB of 2004, 1102 -SB of 2004, 1014 -SB of 2004 and 1080 -SB of 2004 against the judgment of conviction and order of sentence dated 16.4.2004, passed by the learned Special Judge, Ferozepur, convicting and sentencing the appellants under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as ' NDPS Act') to undergone R.1 for ten years and to pay a fine of Rs. 1 lac each, and in default of payment of fine to further undergo R.I. for one year. In brief, the facts of the case are that on 25.4.1996, at about 8 p.m., police party headed by Inspector/SHO Budh Singh alongwith other police officials was present in connection with Nakabandi on the bridge canal minor situated in the area of village Himmatpura on link road leading from village Himmatpura to village Wazidpur Bhome. At that time, a tractor trolley, bearing No. PBM -5197, was seen coming from the side of village Wazidpur Bhoma. SHO Budh Singh Investigating Officer in the case, signaled the tractor trolley to stop with the torch light. The driver Paramjit Singh @ Pamma stopped the vehicle. Two persons were sitting on the trolley. They jumped and escaped. The investigating officer came to know the name of the said persons as Lala and Kewal Singh. Paramjit Singh @ Pamma, driver of the tractor and two persons, Nachattar Singh and Joginder Singh, sitting on the mudguard of the tractor were apprehended by the Investigating Officer with the help of other police officials. The tractor trolley was loaded with wheat straw and on taking the search, poppy husk was found concealed underneath the wheat straw. The Investigating Officer sent wireless message to Sh. SK Asthana, A.S.P. Abohar and at about 8.40 p.m., Sh. SK Asthana reached the spot. On search of the vehicle, 12 bags of poppy husk were found and on weighment, each bag was found to contain 35 kgs. Poppy husk. The Investigating Officer, separated 200 gms. Poppy husk from each bag and prepared the parcel and remaining bags were also converted into parcels and sealed with seal bearing initials "BS". Sample seal Ex.P3 was separately prepared and the seal after use was handed over to ASI Tarlok Singh by the Investigating Officer. All the parcels and tractor trolley were taken into possession vide recovery memo No. Ex.P4, which was attested by the witnesses. Ruqa Ex.P9 was sent to the Police station, on the basis of which FIR, Ex.P1 was registered. Investigating Officer also prepared rough site plan Ex.P -10 of the place of recovery. All the three accused were arrested and grounds of arrest were intimated to them. Special report Ex.P -11 was sent to Senior Officers in this case. Kewal Singh was arrested on 5.5.1996 and Lala was arrested on 17.5.1996. Challan was presented in the court of Illaqa Magistrate on 12.11.1996, who vide order dated 20.11.1996, committed the case for trial to the Court of Special Judge, Ferozepur.

(2.) ON 4.2.1997, the learned Addl. Sessions Judge, Ferozepur found prima facie case against accused Paramjit Singh, Nachattar Singh a, Joginder Singh, Kewal Singh and Lala under section 15 of the N.D.P.S Act.

(3.) TO prove its case, prosecution has examined 7 witnesses.