RAJ KUMAR Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Vide this judgment, above mentioned two appeals would be disposed of as these have arisen out of common judgment.

(2.) Appellants had faced the trial in FIR No. 130 dated 19.6.1997, registered at Police Station Sangrur. Prosecution story, in brief, is that on 19.6.1997, Sub Inspector Sardara Singh along with other police party were present near canal minor bridge in the area of village Julamgarh. The police party saw a maruti car parked on the left side near the bridge. When Inspector Sardara Singh approached the car, Sukhdev Singh and Bibi fled away from the spot. Accused Raj Kumar was told that he had the option to get the car searched in the presence of a gazetted officer or a Judge. Accused Raj Kumar opted that the search be conducted in the presence of a gazetted officer. Similarly accused Guddu was also given the option that he could get the search of the car effected in the presence of a gazetted officer or a Judge. He opted that the search be conducted in the presence of a gazetted officer. Deputy Superintendent of Police ('DSP' for short) Jagjit Singh Gill was called to the spot. In the presence of DSP, car was searched by Inspector Sardara Singh and four bags containing poppy husk were recovered. Out of each bag, two samples weighing 250 grams each, were separated and were made into sealed parcels with the seal bearing impressions 'SS'. The remaining poppy husk on weighment in each bag came to 34 kilograms. The said poppy husk was also made into sealed parcels and the bags were sealed with the seal bearing impressions 'SS'. After completion of investigation at the spot, accused were produced before Station House Officer Mohinderpal Singh who after satisfying himself affixed his seal on the case property bearing impression 'MP'.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellants. Charge was framed against the appellants under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act'for short).