JAGJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This judgment shall dispose of two connected appeals i.e. CRA No.S-2482-SB of 2009 and CRA No.S-52-SB of 2010 arising out of the same judgment of conviction dated 14.09.2009 and order of sentence dated 17.09.2009 passed by learned Judge, Special Court, Muktsar, whereby the appellants 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 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (NDPS Act) and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each.

(2.) The brief facts of the prosecution case are that on 11.02.2002, Jasvir Singh was posted as Inspector, Customs Preventive Station, Killianwali. On that day, he along with S.K.Singla, Superintendent, B.S.Bedi, Superintendent and other officials was holding a naka on Rajasthan border near canal bridge adjoining to village Kandukhera. At about 7.15 A.M, one jeep make Mahindra bearing registration No.DID-4428 was seen coming from the side of Rajasthan and was got stopped. Jagjit Singh was driving the jeep. Angrej Singh and Gurmit Singh were sitting in the jeep and two gunny bags were found lying on the backside of the jeep. Customs Officers brought the jeep along with gunny bags and accused to their office situated at Killianwali. An option to all the accused under Section 50 of the NDPS Act for conducting search in the presence of Gazetted Officers of Customs department was given. All the accused opted for search in the presence of Gazetted Officer. Gurmit Singh on interrogation was found innocent and was released. Chhaju Ram and Ramesh Kumar, independent witnesses reached in the office. On search of the first gunny bag, 400 packets of poppy husk were recovered. On weighment each packet came to be of 100 gms. From the second gunny bag, 80 packets of poppy husk were recovered and on weighment, each packet came to be of 500 gms. In total, the recovered poppy husk came to be 80 kgs. From the first bag, 100 gms. of poppy husk was separated by taking out small quantity from each packet. Similarly, from the second bag, 100 gms. of poppy husk was separated by taking small quantity from each packet and the separated poppy husk was converted into 8 representative samples and said samples were sealed with the seal bearing No."47".

(3.) Remaining packets were transferred to the respective gunny bags and both the gunny bags were also sealed with the seal bearing No."47". Case property was taken into possession along with jeep vide recovery memo Ex.P4. Both the accused were explained about Section 108 of the Customs Act. Thereafter, Investigating Officer Jasvir Singh, Inspector Customs got recorded statements of both the accused. Statement of Angrej Singh was recorded before B.S.Bedi, Superintendent. Angrej Singh admitted that poppy husk belonged to him and it was to be distributed among the voters as the elections were to be held on 13.02.2002 in Punjab State. Before recording statement, Investigating Officer also informed superior officers of Customs Department regarding recovery. Accused Jagjit Singh himself wrote his statement Ex.P6 before S.K.Singla, Superintendent and Investigating Officer. He disclosed that at the instance of Angrej Singh, he went to village Haripur in Rajasthan and brought poppy husk from there. He also deposed that jeep was attached with the election party and on the way, Gurmit Singh had taken lift. Both the accused were arrested. They were produced along with case property and jeep in the Court of Illaqa Magistrate. The case property was deposited in the malkhana of the Customs Department at Ferozepur with seals intact. On 14.02.2002, Investigating Officer sent two parcels to CRCL, New Delhi through registered post. On the same day, he sent two samples to Central Custom Preventive Division, Ferozepur through registered post. Postal receipt is Ex.P12. On 15.02.2002, he sent the copy of test report to CRCL, New Delhi through registered post and postal receipt is Ex.P13. Report of CRCL is Ex.P14. After receipt of the report, complaint against the accusedappellants was filed by Investigating Officer.