GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dtd. 6/6/2014 passed by Special Court, Sahibzada Ajit Singh Nagar (Mohali) in FIR No. 48 dtd. 11/4/2013, under Sec. 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for short), registered at Police Station Sadar Kharar, whereby the appellants have been convicted for the commission of offence punishable under Sec. 15(c) of the NDPS Act and have been sentenced to undergo rigorous imprisonment for a period of 10 years each with a fine of Rs.1,00,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each. FACTUAL BACKGROUND

(2.) Brief facts of the prosecution case are that on 11/4/2013, ASI Avtar Singh (Investigating Officer) along with ASI Harminder Singh and other police officials were patrolling the area of Nayashehr. At about 10.00 p.m. he received a secret information that appellants/accused were bringing poppy husk from Rajasthan on a truck bearing No. PB-11-AL-8425 to be supplied in different parts of State of Punjab and they were coming towards Kharar from Banur side and if a check point was laid on Landran-Kharar road, they could be apprehended with the poppy husk. Since the information was trustworthy, an offence punishable under Sec. 15 of the NDPS Act was made out against the appellants/accused and a ruqa (Ex.P18) was sent to the police station through HC Rakesh Kumar on the basis of which FIR (Ex.P9) was recorded.

(3.) The Investigating Officer laid a check point and intercepted the said truck and the appellants/accused were found present in the truck. The Investigating Officer informed them of their option to get their truck searched in the presence of either a Gazetted Officer or a Magistrate. Both the appellants/accused separately opted to be searched in the presence of a Gazetted Officer. The dissent memos were prepared for both the appellants/ accused (Ex P-11 and Ex P-12) on which their thumb impressions and signatures were placed. Information was sent to Harbans Singh, DSP(Headquarters), Mohali who reached the spot. The appellants/accused reposed confidence in the DSP and separately gave consent to get searched in his presence. Consent memos (Ex. P-3 and Ex. P-4) were prepared and the same were signed and thumb marked by the appellants/accused. The truck was searched and two plastic bags containing poppy husk were recovered from the rear seat of the cabin of the truck. Two samples weighing 250 grams each were separated and the remaining contraband in both bags was weighed and the same came out to be 29.5 kg each. The sample parcels and the bulk parcels were sealed with seal bearing impression 'AS' and 'HS'. Form 29 was prepared at the spot. Appellants/accused were arrested vide arrest memos Ex.P14 and Ex. P16. After completion of usual formalities of investigation, challan was presented in Court against the appellants/accused.