KULWANT SINGH @ KANTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULWANT Singh @ Kanta -accused -appellant has directed the present appeal against the judgment and order dated 23.02.2011 passed by Ms. Archana Puri, Judge Special Court, Patiala vide which he stood convicted under Section 15 of the Narcotic Drugs and Psychotropic Act ( in short the NDPS Act) and sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of two years. However, co -accused Balwinder Singh and Balbir Singh were acquitted from the charges levelled against them by the trial Court.

(2.) IN brief, case of the prosecution is that on 23.12.2007 Inspector Jassa Singh, along with his police companions in connection with checking of bad elements was present at the Chhanna Turning Bus Stand, Devigarh. There, Inspector Jassa Singh received secret information specifically against Paramjit Singh and Balbir Singh sons of Baldev Singh, residents of village Tajoke, PS Tappa, District Barnala, to be notorious smuggler of poppy husk and while using their Tata -709 bearing registration No. HR -37 -A -5471, they bring poppy husk @ Rs.12,000/ - per bag from Deedwal, Rajashtan, and sell the same in the area of Barnala. For this work, they obtained the services of Balwinder Singh @ Binda driver and Kulwant Singh @ Kanta son of Sardara Singh, resident of Kothe Guru Ke, Dhanaula Khurd, PS Sadar, Barnala. Paramjit Singh and Balbir Singh pay a sum of Rs.1000/ - per bag to Balwinder Singh @ Binda and Kulwant Singh @ Kanta, information was also received that after loading poppy husk in Canter No. HR -37 -A - 5471 at the instance of Paramjit Singh and Balbir Singh, they were proceeding towards Barnala via Pehowa -Patiala road and if nakabandi is laid, Balwinder Singh @ Binda and Kulwant Singh @ Kanta while in canter No. HR -37 -A -5471 can be apprehended. Finding the said information to be reliable, Inspector Jassa Singh had informed Shri Manjit Singh, DSP (D), Patiala, and had made request to him to reach the spot. Inspector Jassa Singh also apprised his police companions regarding the said information and laid naka at the outskirts of village Chhanna. After some time, Harbans Singh son of Bant Ram, Bazigar, resident of village Rohar Jagir, had arrived there, who was apprised of the factual position and associated in the police party. Even Sh. Manjit Singh Brar, DSP (D), Patiala along with his companions, had reached the spot. At about 3.00 a.m, on 23.12.2007, one canter bearing registration No. HR -37 -A -5471 had come from the side of Pehowa. Said vehicle was signaled to stop by Inspector Jassa Singh with the help of his companions. One of the occupants of the said vehicle, after opening driver's door, fled away successfully, whereas, the person sitting on the conductor side, was apprehended, who on inquiry, disclosed his name as Kulwant Singh @ Kanta son of Sardara Singh, resident of Kothe Guru Ke, PS Tappa, District Barnala and he had disclosed name of the person, who had fled away, to be Balwinder Singh @ Binda. Then, DSP Manjit Singh Brar, had disclosed his identity to Kulwant Singh and he had also stated to Kulwant Singh that there is information received qua poppy husk in the canter bearing No. HR -37 -A -5471 and he intended to conduct search of the same. He also apprised Kulwant Singh of the right to get the search conducted in the presence of Magistrate or other Gazetted Officer, who can be called at the spot. However, Kulwant Singh @ Kanta reposed confidence in DSP Manjit Singh and expressed his desire to get the search conducted from him, upon which, consent memo was separately prepared.

(3.) THEREAFTER , as per directions of DSP Manjit Singh Brar, Inspector Jassa Singh, with the help of his companions, opened the rear shutter of the canter and from the secret chamber, prepared with the help of iron sheets in the said canter, 22 gunny bags were recovered. On search, the gunny bags were found to contain poppy husk. Sr. No.1 to 22 were assigned to the said gunny bags. From each gunny bag, two samples of 100 grams each were separated and parcels of the same were prepared and the residue poppy husk in each gunny bag, weighed to be 39 kgs. 800 grams. Separate parcels of the same were also prepared. Sample parcels were assigned Sr. No.1/1 to 22/1 and 22/2. All the 22 gunny bags as well as 44 sample parcels, were sealed with the seal impression JS of Inspector Jassa Singh and MS of DSP Manjit Singh. Sample sealss were separately prepared. Seal after use was handed over by Inspector Jassa Singh to private witness Harbans Singh, whereas DSP retained his seal. All the aforesaid articles were taken into possession vide seperatre memo. As Kulwant Singh @ Kanta, Balwinder Singh @ Binda, Paramjit Singh and Balbir Singh were indulging in the smuggling of poppy husk, ruqa was sent to the police station, on the basis thereof case was registered against the aforesaid persons. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.