MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 7.10.2010 passed by Sh. Nirbhow Singh Gill, Judge Special Court, SBS Nagar (Nawanshahr), vide which the accused appellant Mewa Singh has been convicted for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of two years.

(2.) Shorn of the un-necessary details, the facts of the case, as gathered from the record, are that on 3.6.2008 SHO Surinder Kumar alongwith police party had held naka near bridge Kanon. One person namely, Paramjit Singh s/o Bhajan Singh was joined in the police part. At about 4.00 A.M. one vehicle Ashoka Leyland came from Machhiwara side which was signaled to spot by torch by the SHO. The driver of the vehicle tried to slip away, but the SHO alongwith other police officials stopped the vehicle. The said truck was bearing registration No. HR 37-D-4197. One person from the driver seat and one person from the side seat tried to run away. However, they were apprehended. The driver of the truck disclosed his name as Mewa Singh s/o Joginder Singh - present appellant and the other person disclosed his name as Malkiat Singh s/o Nazir Singh. SI disclosed his name as Shamsher Singh and told that it was suspected that there is some intoxicant material in the truck, for which the search was to be conducted. DSP Sat Pal Singh Bhangu was informed on telephone and he reached at the spot. He disclosed his identity to both the accused and apprised the accused of their legal right to get the search conducted from Magistrate or from him. Both the persons reposed confidence in him. Their consent memos were prepared and were signed by them. The search of the truck was conducted and from beneath the floor 50 bags each weighing 20 kgs containing poppy husk were recovered. Two samples of 250 grams each were taken out and the remaining poppy husk on weighing came to be 19 kgs. 500 grams. Then 100 samples and 50 bags were sealed by the SHO with seal bearing impression SS and DSP also affixed his seal bearing impression SS. The entire case property, samples were taken into police possession. The SHO handed over his seal after use to HC Paramjit Singh and the DSP kept his seal with himself. Both the accused could not produce any licence to keep 10 quintals of poppy husk in their possession. Ruqa was sent to the Police Station for registration of the case and FIR was registered against the accused. Accused were arrested. The DSP found Malkiat Singh innocent in the enquiry and his name was kept in column No.2. After completion of the investigation, challan against accused Mewa Singh was presented. Malkiat Singh Filed an application for discharge but the same was dismissed.

(3.) Charge under Section 15 of the NDPS Act was framed against both the accused, to which they pleaded not guilty and claimed trial.