MADAN LAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants had faced the trial under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) in FIR No. 18 dated 31.3.1999, registered at Police Station Phul.

(2.) Prosecution story, in brief, is that on 31.3.1999 Sub Inspector Janak Singh along with other police officials were on patrol duty. Baljit Singh was joined with the police party. The police party was present on the canal bridge near the road leading to Sadhana from Mehraj. After sometime, a truck bearing No. PAT- 3086 came from village Mehraj side. The truck was signaled to stop. The truck was being driven by appellant Madan Lal. Appellant Ram Pal was sitting beside appellant Madan Lal. The appellants were given the option that the truck was to be searched on the basis of suspicion and they had the option to get the truck searched in the presence of a gazetted officer or a Magistrate. Appellants opted that the search be conducted in the presence of a gazetted officer. Thereafter, Deputy Superintendent of Police ('DSP' for short) Sohan Singh Sandhu was called to the spot. The truck was searched and 10 bags of poppy husk were recovered which were lying beneath the bags of powder. 250 grams of the contraband was separated from each bag as sample. The remaining poppy husk, on weighment in each bag, came to 34 kilograms and 750 grams. The samples as well as the bulk poppy husk were made into separate sealed parcels and were taken in possession. The truck as well as its registration cover were taken in possession.

(3.) On the next day, appellants along with the case property, were produced before the Judicial Magistrate. Special report was sent to Senior Superintendent of Police.