ARJUN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above mentioned two appeals have been directed against the judgment of conviction and order of sentence dtd. 5/2/2014 passed by Special Court (A), Gurdaspur, in FIR No. 116 dtd. 18/8/2007, under Sec. 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short), registered at Police Station Ghoman, District Batala, Punjab, vide which the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs.1,00,000.00 for the commission of offence punishable under Sec. 15 of the Act and in default of payment of fine, they were further ordered to undergo rigorous imprisonment for a period of 02 years. FACTUAL BACKGROUND

(2.) Brief facts of the case are that on 18/8/2007, SI/SHO Makhan Singh (investigating officer) along with other police officials was patrolling the area of canal bridge Athwal where he received a secret information to the effect that Sukhwinder Singh alias Billa, Arjun Singh alias Marra and Manohar Lal were indulging in the sale of poppy husk and other intoxicants. At that time they were sitting on the bags of poppy husk near Mogha Drain Distributary, village Mehmadpur on the canal bridge waiting for a vehicle and if a raid was conducted, they could be apprehended. This information was passed on to Ajaib Singh DSP, Qadian on his mobile phone by the investigating officer and he was requested to reach the spot. Thereafter the investigating officer raided the disclosed place and found three persons sitting on six bags. On seeing the police party, they tried to run away but were nabbed with the help of police officials. On interrogation they disclosed their names as mentioned above. They were told that there was a suspicion of their being in possession of poppy husk and some intoxicants and were required to be searched. They were made aware of their legal right to be searched in the presence of a Gazetted Officer or a Magistrate. They showed their willingness to be searched by a Gazetted Officer. Dissent memos were prepared. DSP, Qadian came to the spot and conducted the search after disclosing his identity and getting the consent of the aforesaid persons. On the asking of DSP, Qadian, the investigating officer opened the six bags from which poppy husk was recovered. Out of the recovered bags, five were weighed as 24 3/4 kg each and one bag weighed as 193/4 kg. In total 145 kg of poppy husk was recovered. Samples were taken and sealed with the seals bearing impression 'MS' and 'AS'. The case property was taken into possession. A written information/ruqa was sent to the police station through Constable Harjinder Singh on the basis of which formal FIR was registered. Accused were arrested at the spot. After completing all the formalities of investigation, a report under Sec. 173 Cr.P.C., was prepared and presented in Court.

(3.) After complying with the provisions of Sec. 207 Cr.P.C., charge was framed against the accused for the commission of offence punishable under Sec. 15 of the Act, to which all the accused did not plead guilty and claimed trial.