SUKHPAL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment of conviction dated 07.04.2009 and order of sentence dated 08.04.2009, passed by the learned Special Judge, Ferozepur, whereby, they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1,00,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The brief facts of the prosecution case are that on 23.06.2006 Major Singh, Incharge CIA Staff, Abohar along with other police officials was present in the area of Waryam Khera in connection with naka bandi. At about 4.00 P.M., one jeep bearing registration No. GUD -4712 was seen coming from the side of village Pati Sadiq. It was signalled to stop. The driver of the jeep did not stop it. The said jeep was followed and stopped. The person who was driving the jeep told his name as Makhan Singh. Gurtej Singh was sitting with him on the front seat and the person sitting with Gurtej Singh told his name as Sukhpal Singh. The Investigating Officer told them that he suspect some intoxicant material in their jeep and the search was to be conducted and whether they wanted to get the search of the jeep from him or from some Gazetted Officer or Magistrate. They opted to get the search conducted in the presence of some Gazetted Officer. Then, information was sent and DSP Parampal Singh reached at the spot at 6.00 P.M. He also disclosed his identity and also told the accused about their legal right as to whether they wanted the search from him or from some other Gazetted Officer or Magistrate. Accused reposed confidence in DSP. Thereafter, as per directions of DSP Parampal Singh, Investigating Officer conducted search of the jeep, as a result of which, opium was recovered from the tool box under the seat of the driver. Two samples of 10 grams each were separated and separate sample parcels were prepared. The remaining bulk, on weighment, came to be 9.980 kgs., which was put in a plastic box and its parcel was prepared. Both the sample parcels and bulk parcel were sealed with the seal of Investigating Officer bearing impression "MS" and with the seal of DSP bearing impression "PS". Sample seals were prepared. The entire case property along with jeep were taken into police possession vide recovery memo Ex. P8. One pistol of .12 bore loaded and in working condition was also recovered from accused Gurtej Singh from the left side of the pant worn by the him. Accused were arrested. Rough site plan was prepared. Statements of witnesses were recorded. On return to the police station, Investigating Officer produced all the accused along with case property before ASI Ram Sarup, who was officiating SHO, who verified the facts of this case and interrogated all these accused and fixed his seal bearing impression "RS" on both the sample parcels. He took entire case property in his possession vide memo Ex. P18. After necessary investigation challan was presented against the accused -appellants.

(2.) ON presentation of challan against accused -appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused -appellants were charge -sheeted under Section 18(b) of the NDPS Act, 1985, to which they pleaded not guilty and claimed trial.

(3.) AT the close of prosecution evidence, the accused -appellants were examined under Section 313 Cr.P.C. and they denied the correctness of the evidence and pleaded themselves as innocent. Accused -appellant Sukhpal Singh further pleaded that he got love marriage with the daughter of Constable Gurdip Singh namely Sandeep Kaur. Constable Gurdip Singh was not happy with the marriage and due to this reason Constable Gurdip Singh got him involved in a false case and later on, he was acquitted in the said case on 03.06.2006. He further pleaded that on 20.06.2006, he along with Gurtej Singh and Makhan Singh went to Malout on the jeep of Makhan Singh for getting effected compromise with Gurdip Singh regarding his marriage but they were arrested from Malout at the instance of Gurdip Singh and thereafter, they have been falsely implicated in this case. Accused -appellants Makhan Singh and Gurtej Singh have taken the same plea.