SUKHWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 20.05.2008, passed by the Judge, Special Court, Jalandhar, whereby they were held guilty and convicted and sentenced to undergo rigorous imprisonment for twelve years 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 15 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Co-accused Shinder Singh was also charge-sheeted but he absconded during trial from custody and was declared proclaimed offender vide order dated 06.05.2008.

(2.) The brief facts of the prosecution case are that on 12.06.2005 Inspector Jaskiranjit Singh Teja, SHO, Police Station, Phillaur along with other police officials was present at Satluj River Bridge, Phillaur in connection with nakabandi. He received a secret information that Sukhwinder Singh @ Sabbi, Chhinder and Ramesh Kumar @ Raju deals in poppy husk and that they are coming from Ludhiana carrying poppy husk in a truck bearing registration No.HR- 38-8165 (LP). The Investigating Officer also received information that the above-said persons can be apprehended along with poppy husk in a cabin separately prepared inside the truck. After the receipt of the secret information, the police party started checking all the trucks coming from Ludhiana Side. Ex-Sarpanch Rameshwar Nath came by chance and was joined with the police party. In the meantime, a truck bearing registration No.HR-38-8165 came from the side of Ludhiana.

(3.) In the truck, there were three persons and it was driven by Sukhwinder Singh and two persons were sitting by the side of the driver. Truck was stopped and one person, whose name later came to be Chhinder, managed to escape. Sukhwinder Singh and Raju were apprehended at the spot. The Investigating Officer told them that he suspects some contraband inside the truck and the search of the same is to be conducted and if so desired, they can get the search conducted from him or from Gazetted Officer or Magistrate as they have got the legal right. Accused-appellants Sukhwinder and Raju told that they wanted their search in the presence of Gazetted Officer and their non-consent memos Ex.PB and Ex.PC respectively were prepared. Then, DSP Manjit Singh Dhessi was informed, who reached the spot. He disclosed his identity to both the accused and he told them that some contrabands are suspected in the truck and he wanted the search to be conducted and if they wanted their search and search of the truck to be conducted from him or some Magistrate or Gazetted Officer as they have got the legal right. Accusedappellants Sukhwinder and Raju reposed confidence in DSP. Their consent memos Ex.PD and Ex.PE respectively were prepared. Under the direction of DSP, Inspector Jaskiranjit Singh Teja, SHO conducted search of the truck and 50 bags containing 30 kgs. of poppy husk each, were recovered from the cabin separately prepared on the backside of the cabin of the truck. Poppy husk was covered with the tarpaulin. All 50 bags were unloaded, which came to be 30 kgs. each on weighment and then total bulk was mixed on tarpaulin. Two samples of 250 grams each were separated and sealed parcels were prepared. Bulk of the poppy husk was again re-filled in the same bags, which came to be 49 bags of 30 kgs. and one bag of 29.5 kgs.