AJAIB SINGH Vs. STATE OF PUNJAB.

JUDGEMENT

(1.) HEARD learned counsel for the parties. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant- Ajaib Singh during the pendency of the appeal.

(2.) ON 17.05.1994 SI Gurmit Singh along with other police officials were going in a vehicle being driven by Constable Satnam Singh towards village Malla and Rasulpur in connection with patrolling. When they were at the chowk of Gurudwara Mehdiana, Ashok Kumar alias Shoki met them by chance. In the meantime a special informer informed SI Gurmit Singh by taking him aside that Ajaib Singh (applicant/appellant) and Ajmer Singh alias Chhoto sons of Jagta Singh residents of Rasulpur were in the habit of keeping in their possession 'bhooki choora post' for sale and if a raid was conducted the contraband in heavy quantity could be recovered. The information was found credible and amounted to commission of an offence punishable under Section 15 of the NDPS Act. A memo (Ex.PD) was prepared against the accused Ajaib Singh and Ajmer Singh. It was sent to the Police Station, Jagraon through Constable Darshan Lal for registration of a case. SI Gurmit Singh along with police officials proceeded to the place that was disclosed by the special informer. On the raid that was conducted Ajmer Singh was found present while Ajaib Singh (applicant/appellant) escaped from there. On inquiry Ajmer Singh made a disclosure statement (Ex.PE) that he and his brother Ajaib singh (applicant/appellant) had kept 20 bags of poppy husk concealed in the room of the residential house of Ajaib Singh (applicant/appellant). In pursuance of the said disclosure statement, 20 bags of poppy husk were recovered. Samples of 250 grams were taken from each of the bags and the contraband that was recovered was weighed. Each bag was found to contain 30 kgs of poppy husk. Ajmer Singh was apprehended at the spot. However, Ajaib Singh (applicant/appellant) had escaped. He was arrested on 04.06.2005 and a supplementary challan was filed against him on 16.08.2005. The learned Judge Special Court, Ludhiana after considering the evidence and material on record has convicted the applicant/appellant for the offence under Section 15 of the NDPS Act. He was sentenced to undergo rigorous imprisonment for twelve years; besides, pay a fine of Rs.1.5 lacs and in default thereof to undergo further rigorous imprisonment for one year and six months.

(3.) IN response learned counsel for the State has submitted that the applicant/appellant was found in possession of six quintals and ten kilograms of poppy husk which was recovered from his house; besides, he has been a proclaimed offender and was arrested on 04.06.2005. Therefore, he is not entitled to be released on bail. We have given our thoughtful consideration to the matter. The case involves arguable points which would require condition.