HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of above mentioned four Criminal Appeals, as all these appeals have arisen against the judgment and order dated 23.8.2003, passed by the Special Court, Mansa, convicting the accused- appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentencing them to undergo RI for 16 years and to pay fine of Rs. 2 lacs each and in default of payment of fine to undergo further RI for two years each.

(2.) AS per the case of the prosecution, on 22.3.2001, SI Hardevinder Singh, SHO along with ASI Gurtej Singh and other police officials had gone in the area of Village Borawal on Bhikhi Budhlada road in a government jeep to hold nakabandi on the bridge. In the meanwhile Kuldip Singh, Sarpanch arrived there on a scooter and on seeing the police party he stopped there and SI Hardevinder Singh was talking with him when at about 6.30 p.m., from the side of Village Borawal, one truck bearing No. HNN 4185 was seen coming. It was given signal to stop for checking. When the truck was stopped, SI Hardevinder Singh asked the name of the driver and the person sitting on the left-side seat of the driver. The driver of the truck disclosed his name as accused Satnam Singh while the other person sitting by his side disclosed his name as accused Randhir Singh @ Noni. While SI Hardevinder Singh was asking the name of these persons, in the meanwhile two persons who were sitting in the body of the truck ran away towards the fields of Village Borawal from the backside of the truck. Sub-Inspector Hardevinder Singh asked ASI Gurtej Singh and HC Yadwinder Singh to follow them but after sometime these police officials came back and ASI Gurtej Singh informed him that those persons had run away but stated that he knew both of them very well. He disclosed the names of those persons as accused Albel Singh and accused Harpreet Singh. Accused Satnam Singh and accused Randhir Singh were apprehended on suspicion. On checking of the truck it was found that in the body of the truck some gunny bags tied with Jute string were lying underneath a blue-coloured tarpal. Sub-Inspector Hardevinder Singh told accused Satnam Singh and accused Randhir Singh that the bags which were lying in the body of the truck were suspected to be of intoxicant substance and were required to be searched and they had a right to be searched in the presence of a Magistrate or a Gazetted Officer, whereupon accused Satnam Singh and Randbir Singh told SI Hardevinder Singh that the bags should be searched at the spot in the presence of a Gazetted Officer. Thereupon, SI Hardevinder Singh prepared the consent memos which were signed by accused Satnam Singh and Randhir Singh and were attested by ASI Gurtej Singh and Kuldip Singh aforesaid. Since no Gazetted Officer was readily available on account of late hours and the Government offices already having closed, SI Hardevinder Singh asked the Wireless Operator through wireless set that any Gazetted Officer from Mansa may be sent at the spot. After half-an-hour, at 8.30 p.m., Sh. Baldevinder Singh Romana, DSP, Sub-Division Mansa, along with gunmen reached the spot in Government Gypsy and he was told about the facts. Thereupon, DSP Balwinder Singh Romana told accused Satnam Singh and accused Randhir Singh that he was a Gazetted Officer and wanted to search the gunny bags lying in the body of the truck covered with tarpal, whereupon both the accused gave their consent that the bags may be searched in his presence. Consent memos were prepared separately and were signed by accused Satnam Singh and Randhir Singh. Thereafter, SI Hardevinder Singh under the supervision of DSP Balwinder Singh conducted search of the bags after removing the tarpal. On checking, it was found that there were 60 bags in all which were tied with the help of Jute string. After opening said bags, those bags were found to be having poppy husk. From each of the bags, two samples of 100 grams each were separately taken and the remaining poppy husk lying in the bags was weighed with the spring balance and each bag was found containing 35 kilograms of poppy husk, including the weight of the bag. After weighment, the bags were tied with the Jute string. The samples and the bags were numbered 1 to 60 and were separately sealed and sample seal was separately prepared and thereafter the seal after use was handed over to Kuldip Singh, Sarpanch. From the cabin of the truck duplicate registration certificate of truck No. HNN 4185, issued by D.T.O. Sirsa was recovered. All these items including the truck and the case property were taken into possession vide separate recovery memos which were attested by Kuldip Singh, Sarpanch, ASI Gurtej Singh and Balwinder Singh, DSP. Sub-Inspector Hardevinder Singh, prepared Ruqa Ex. PH at 7.30 a.m. on 23.3.2001 and sent the same to the police station, on the basis of which formal FIR Ex. PH/1 under Section 15 of the Act was recorded in PS Bhikhi at 8.10 a.m., on 23.3.2001 and special report was received by the Judicial Magistrate at 12.30 p.m. on 23.3.2001. Both the accused namely Satnam Singh and Randhir Singh were formally arrested. Sub-Inspector Hardevinder Singh prepared the rough site plan Ex. PL of the place of recovery. On the same day i.e. on 23.3.2001, SI Hardevinder Singh prepared the inventory and also produced the case property along with samples before the Judicial Magistrate, who passed the order Ex. PM/1 and Ex. PP/1 and since there was no sufficient place in the judicial malkhana, case property was kept by SI Hardevinder Singh in safe custody. Since accused Albel Singh and accused Harpreet Singh could not be arrested they were declared as proclaimed offenders and after receipt of the FSL Report, final report under Section 173 Cr.P.C., was prepared and challan was submitted in the court. Initially, accused Satnam Singh and Randhir Singh @ Noni were charged under Section 15 of the Act to which charge they pleaded not guilty and claimed to be tried. Subsequently, the remaining two accused Albel Singh and Harpreet Singh, who were earlier declared proclaimed offenders, were also arrested in this case and supplementary challan was submitted. Thereafter, all the four accused named above were charged under Section 15 of the Act to which charge these accused pleaded not guilty and claimed to be tried. Prosecution produced evidence in support of its case. Thereafter, the statements of the accused under Section 313 Cr.P.C., were recorded in which they denied the prosecution allegations against them and stated that they were innocent and had been falsely implicated in this case. Accused Satnam Singh stated that nothing was recovered from him and the police had planted false case upon him. Accused Randhir Singh @ Noni stated that he was driver on the jeep of Albel Singh and did not know about this case. He stated that SHO Hardevinder Singh of Bhikhi stopped him when he was driving the jeep in Mansa and at that time nothing was recovered from him but he was taken to the police station where he was falsely implicated in this case. Accused Harpreet Singh stated that he and his family was residing as tenant at Mansa in the house of Ajaib Singh, brother of H.C. Darshan Singh and that Ajaib Singh and Bant Singh had taken possession of the house forcibly by inflicting injuries on his father Thana Singh and a criminal case was registered against Ajaib Singh, Bant Singh and others under Sections 326/34 IPC and that the I.O. of that case was Hardevinder Singh, posted at P.S. City Mansa and he filed cancellation report in that case and for that purpose the police wanted his statement and statement of his father Thana Singh for cancelling the said case and when he refused to do so, the present case was falsely registered against him. Accused Albel Singh stated that the police had involved him falsely in this case because his relations with the police were inimical. He further stated that there was a dispute of land of his brother Gurmel Singh with one Jagroop Singh and the police used to help said Jagroop Singh. He stated that on 19.8.2000, he moved an application Ex. D-4 to Hon'ble the Chief Justice of Punjab and Haryana High Court, Director General of Police and Chief Minister, Punjab against the police vide postal receipts Ex. D-1, D-2 and D-3 and due to this reason he had been falsely implicated in this case. He stated that nothing was recovered from him. He further stated that in those days Hardevinder Singh was posted at Mansa when he had moved the application against the police to the higher authorities. In their defence, the accused examined DW-1 Jagdev Singh, DW-2 Shingara Singh, DW-3 Sushma Rani and DW-4 Gurjant Singh. Accused Harpreet Singh tendered some documents in evidence and thereafter the accused closed their defence evidence.

(3.) WE have heard the learned counsel for the parties and have gone through the record carefully.