HARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by the conviction and sentenced under Sec. 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), for providing his tractor-trolly to other convicts Surjit Singh and Satpal Singh, from whose possession, the police had recovered three bags containing 34 Kg. 500 g. poppy husk each and one bag containing 15 Kg. 500g poppy husk, the appellant had come up before this Court by filing the present appeal in the year 1998.

(2.) As per the prosecution case, on 16/1/1996, ASI Chanan Singh (PW2), along with his team, was present for patrolling. While patrolling, they saw a tractor-trolly bearing Registration No. PB-11-4451 and signaled it to stop. The convict Surjit Singh (A-1) was driving the tractor, and Satpal Singh (A-2) sat in the trolley. They tried to run away but were apprehended. The conduct of Satpal Singh raised suspicion, and on this, the police official conveyed their attention to both Surjit Singh (A-1) and Satpal Singh (A-2) that they intended to search their trolly, and they also gave them an option under Sec. 50 of NDPS Act. Both the accused did not exercise the said option and agreed to search by the police officer himself and their statements Ex. PA & PB were recorded. During such search, the investigator recovered four bags containing poppy husk; three of them weighed 34 kg 500g each of poppy husk, whereas the fourth bag had 15 kg 500g. Thus, in all, the police recovered a total of 119 kg of poppy straw. The investigator took two samples of 250 grams from each bag for testing. Samples and residue, i.e., 117 kg. Poppy straw was taken into possession vide recovery memo Exts. P6 to P9. The investigator also arrested both the accused and took the tractor's documents into their possession.

(3.) The investigation revealed that the accused owned the tractor because he had purchased the same through an agreement dtd. 6/11/1995, i.e., two months before the seizure. On this, the police recovered the said affidavit, and he was arrested on 2/2/1996. On completion of the investigation, the officerin-charge of the police station launched prosecution against the main accused under Sec. 15 and against the present appellant under Sec. 25 read with 15 of the NDPS Act. The trial Court framed the charges under Sec. 15 of the NDPS Act against accused Surjit Singh and Satpal and under Sec. 25 of the NDPS Act against accused Harwinder Singh in which the accused did not plead guilty.