RAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused appellants were convicted under Section 15 of the NDPS Act and were sentenced to undergo 11 years R.I. and to pay fine of Rs. 1,25,000/- and in default to undergo R.I. for one year and six months.

(2.) It is the case of the prosecution that on 29.12.2005, PW1 Inspector Amarjit Singh proceeded along with ASI Jaswant Singh and other police officials in connection with patrolling and checking of suspicious persons. When the police was 200 yards ahead of bus stand of village Gujjarwal, it met with Sarpanch Rachhpal Singh @ Pappu. PW2 joined him in the police party. When the police party was at a distance of 50 yards from electric motor of Kuldip Singh, it sighted a tractor trolly driven by a Sikh gentleman with a thin person sitting by his left side on mudguard of the tractor coming from opposite side. The person who was sitting on the mudguard tried to run away. PW1 apprehended Prem Singh who was the driver of the tractor and Rampal who was sitting on the mudguard of the tractor. PW1 introduced himself to the accused and apprised to the accused of their right to search in the presence of a Gazetted Officer or a Magistrate. The accused reposed confidence in him and allowed PW1 to check the trolly. Their consent statements Ex.PA and PB were recorded.

(3.) PW1 checked the six gunny bags lying in the trolly. He separated two samples of 100 gms. from each back. The remaining material in each bag weighed 39.800 grams. PW1 sealed the sample parcels as well as bulk parcels with his seal. He also prepared sample seal and after use entrusted his seal to ASI Jaswant Singh. He took the case property and the tractor trolly into possession vide recovery memo Ex.PC. On a personal search of accused Prem Singh, Rs. 28/- was recovered under memo Ex.PD and on a personal search of accused Ram Pal, Rs. 17/- was recovered under memo Ex.PE. Based on the ruqa Ex. PF sent by PW1 a formal First Information Ex.PF/1 was recorded by SI Sukhdev Singh. PW1 prepared rough site plan of the place of recovery. He also recorded the statements of the witnesses under Section 161 Cr.P.C. He produced the accused along with the case property to S.I. Sukhdev Singh, acting SHO of the police station. He also affixed his seal on the sample parcel and the remaining case property. The case property was thereafter deposited with MHC Gulab Singh, who was examined as PW3. PW1 filed final report under Section 173 Cr.P.C. against the accused.