HANS RAJ ALIAS HANSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HANS Raj alias Hansa, his father Bhajan Ram and his real brother Mohan Chand stand convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') vide impugned judgment of learned Judge, Special Court, Ludhiana dated 11.7.2002 and have been sentenced to undergo rigorous imprisonment for 12 years each and to pay a fine of Rs. 1 lac each, in default of payment of fine, each of the appellants is further ordered to undergo simple imprisonment for one and a half years. Aggrieved by their conviction and sentence, they have preferred the present appeal.

(2.) AS per the prosecution allegations, on 24.11.1999, Inspector Jatinder Singh PW-6, SHO Police Station Civil Lines, Ludhiana along with ASI Kuldip Singh PW-5, ASI Abdul Rasheed PW-2, ASI Harjit Singh and other police officials were present in front of Bus Stand in connection with the general patrolling and checking of suspected persons. At about 6.40 P.M., PW-5 Kishan Lal son of Dukh Bhanjan Lal also met the police party and he was also associated. At that time Inspector Jatinder Singh received a secret information to the effect that Hans Raj appellant along with his father and other brother Mohan Chand alias Mohani appellants herein were bringing poppy husk in heavy quantity in truck bearing No. PB10-D-9976 from the side of Kohara towards the area of Jagraon and the said truck was being driven by Hans Raj. In case the nakabandi is held, the said truck carrying poppy husk could be apprehended. Since this information was found to be reliable, Inspector Jatinder Singh along with other police officials reached chowk Bhaiwala at about 7.05 P.M. and held a nakabandi and started checking the vehicles. At that time a truck bearing No. PB10-D-9976 came from the side of Bharat Nagar Chowk and the driver of the said truck stopped the same at some distance on seeing the police party. Two persons alighted from the truck and were able to escape taking the advantage of the darkness and traffic. The driver of the truck was apprehended at the spot who during interrogation disclosed his name as Hans Raj alias Hansa son of Bhajan Ram. The case of the prosecution is that later on names of those persons who had fled away from the spot were known as Mohan Chand alias Mohani and Bhajan Ram. It is then the case of the prosecution that Inspector Jatinder Singh then told appellant Hans Raj that he had suspicion that his truck was containing some contraband substance and as such he wanted to take its search and if he so desires any Magistrate or gazetted officer could be called for the search at the spot. Upon this, Hans Raj appellant showed his desire that the truck be searched in the presence of a gazetted officer and accordingly his statement was recorded in this regard which was signed by him and attested by the witnesses. Thereafter on the wireless message, Pawan Kumar Rai IPS PW-3 who was then ASP was requested to reach the spot. After Pawan Kumar Rai reached the spot, he disclosed his identity to appellant Hans Raj and further told him that if he so desire, some Magistrate could also be called at the spot. The appellant reposed confidence in him and in this regard also his consent Ex. PC was recorded which was signed by Hans Raj and attested by witnesses. Thereafter on the instructions of ASP Pawan Kumar Rai, the search of truck was conducted and it was found loaded with 15 bags concealed under the straw of paddy. The said bags were found containing poppy husk. Out of each bag, two samples weighing 250 grams were separated and the remaining contents of each of the bag were weighed which came to be 39-1/2 Kgs each. Thereafter, the parcels of the samples and the bags containing the remaining poppy husk were prepared and were sealed by Inspector Jatinder Singh with his seal bearing letters 'JS' and with the seal of ASP Pawan Kumar Rai bearing letters 'PKR' and the articles were taken into possession along with above said truck. The seal after use was handed over to ASI Abdul Rasheed PW-2. Since Hans Raj appellant could not produce any valid licence or permit for keeping the poppy husk in his possession, a ruqa Ex. PJ was sent to the concerned Police Station for the registration of the case and consequently the formal FIR Ex. PJ/1 was registered in Police Station, Civil Lines Ludhiana. Rough site plan was also prepared at the spot. Grounds of arrest were also disclosed to Hans Raj appellant. On returning to the police Station, the case property was deposited with the concerned MHC with all the seals intact.

(3.) IN support of its case, the prosecution has examined as many as 9 witnesses in this case besides tendering the report of Chemical Examiner Ex. PX.