SATPAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 20.12.2005 passed by the Special Court, Bathinda vide which both the appellants were convicted for the offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for 11 years each and to pay fine of Rs.1 lac each. In case of non-payment of fine, the defaulter was to undergo further rigorous imprisonment for two years.

(2.) The prosecution case, in brief, is that on 3.4.2004 when ASI Gurjant Singh of Police Station Nahianwala was present on checking in the revenue limit of Burj Mehma, where Daljit Singh met him. While two of them were standing there, a jeep came from the side of Village Virk and on seeing the police official, the driver tried to escape but the vehicle was stopped. Appellant Kuldeep was sitting in the jeep, who was nabbed. There were gunny bags lying in the vehicle. Satpal appellant was also with him. On explaining the rights to the appellants that they were required to be searched and they could get the search made in presence of a gazetted officer, they opted for the presence of such officer. For that purpose, Sukhdev Singh Chahal, Deputy Superintendent of Police (for short, 'DSP') was called through wireless message, who disclosed his identity to both the appellants and apprised them of their rights of search.

(3.) On the direction of DSP, ASI Gurjant Singh conducted search of the jeep where five gunny bags were found containing poppy husk. 100 grams of poppy husk was separated from each bag as sample and on weighing, the remaining contraband in each bag came to 40 Kg. All the five samples and five bags with the remaining poppy husk were sealed separately by the Investigating Officer with his seal GS and the contraband was taken into possession at the spot by preparing a recovery memo. Arrest of the offenders was made. Ruqa was sent to the police station for registration of the case.