AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of above mentioned two criminal appeals i.e. Criminal Appeal No.S-1596-SB of 2007 filed by Amrik Singh and Criminal Appeal No.S-1781-SB of 2007 filed by Barjinder Singh, as these arise out of the same judgment of conviction and order of sentence dated 30.7.2007 passed by Special Judge, Faridkot.

(2.) The above criminal appeals have been filed against the judgment and order dated 30.7.2007 passed by Special Judge, Faridkot, whereby accused-appellants Amrik Singh and Barjinder Singh have been held guilty and convicted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of 'One Lac each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 18 of the Act.

(3.) The brief facts of the prosecution case are that SI Sarabjit Singh of CIA, Faridkot along with other Police officials was on special 'Nakabandi' duty and when they came out of Faridkot Bus Stand, PW Harbans Singh met them and was joined as an independent witness. Then they held a 'Naka' at Mandwala crossing. At about 12.00 noon, a Ceilo car bearing No. UP-14-C-1730 coming from Faridkot side stopped after giving signal. Barjinder Singh was sitting on the driver seat and Amrik Singh was sitting by his side on the front seat. Out of fear, they tried to come out of the car but they were apprehended by the Police party. On suspicion that they were carrying some contraband in the car, option was given to them to get the search done in the presence of some Gazetted Officer or a Magistrate and they expressed their desire to get the same done in the presence of a Gazetted Officer. Then message was given to DSP Gurmit Singh, who reached at the spot and disclosed his identity to the accused-appellants. He also gave the option to the accused, who reposed confidence in him. On the direction of the DSP, SI Sarabjit Singh conducted search of the car and during search, below in between two front seats below a plastic bag wrapped in a glazed paper was recovered. On weighment, it was found to be 7 Kgs. opium. Two samples of 10 grams each were separated. Two sample parcels and bulk were sealed with the seal of 'SS' of Investigating Officer and 'GS' of the DSP. Case property was taken into Police possession vide recovery memo Ex.PE. 'Ruqa' was sent to the Police Station, on the basis of which FIR Ex.PI/1 was recorded. Site plan Ex.PJ was prepared. The accused were arrested. On return to the police station, case property was handed over to SI Mal Singh, SHO and the accused were put behind the bars. He verified the case property and affixed his seal 'MS' on all the parcels and sample seal Ex.PI. Detailed report under Section 57 of the Act was sent to the higher officer. Statements of witnesses were recorded. After necessary investigation, challan was presented.