LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 16.02.2009 passed by Shri J.S.,Bhatia, Judge, Special Court, Mansa vide which the accused-appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ( in short the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) Briefly stated, the prosecution story is that on 23.08.2007 a police party headed by Inspector Balwinder Singh, Incharge CIA Staff, Mansa, in official vehicle No.PB-31-C-9347 being driven by HC Yadwinder Singh, in connection with patrolling and checking of suspects and vehicles was present at bus stand of village Khara when ASI Sukhdev Singh told him that he has received secret information against accused Lakha Singh and Kuldip Singh (Proclaimed Offender) to the effect that they indulge in business of poppy husk at a large scale and even today they would go in trolla bearing registration No. PB-11R-6198 from the side of Haryana towards Sangrur side after passing through the area of Boha and village Heero Kalan, Khillan and if naka i.e picketing is held at canal bridge of Heerawala to Khara road they could be apprehended and huge quantity of poppy husk could be recovered from their possession. On the basis of this secret information, Inspector Balwinder Singh, IO sent ruqa to the police station through Constable Pal Singh on the basis of which a formal FIR was recorded at police station Sadar Mansa. Inspector Balwinder Singh sent Q.S.T to Police Control Room, Mansa for sending some gazetted officer on the spot and thereafter held naka i.e picketing of canal minor bridge in the area of village Heerawala where PW Bawa Singh came and was associated with the police party. DSP Manjinder Singh also reached on the spot. During nakabandi i.e picketing a trolla No. PB-11-R-6198 came from opposite side, which was got stopped. Accused Lakha Singh was driving the said trolla. DSP Manjinder Singh disclosed his identity to the accused and told him that he suspect some intoxicating substance in the trolla and search is to be conducted but he has legal right of search from him or in the presence of some other gazetted officer or Magistrate or he could be taken before them. Accused consented for search before DSP Manjinder Singh and reposed confidence in him. On this DSP Manjinder Singh prepared consent memo of the accused in this regard which was thumb marked by him and attested by ASI Sukhdev Singh and PW Bawa Singh. On the directions of DSP Manjinder Singh, Inspector Balwinder Singh, IO conducted search of the trolla and 375 bags of rice flakes ie. Broken rice and further 15 bags containing poppy husk were recovered from it. Out of each bag of poppy husk 100 gm was separated as sample and converted into 15 separate parcels. On weighment, each bag containing remaining poppy husk came to 30 kg. All the sample parcels and the gunny bags containing remaining poppy husk were sealed by Inspector Balwinder Singh with his seal bearing impression BS. Sample seal chit was separately prepared and seal after use was handed over to PW Bawa Singh. The gunny bags were marked from A to O and sample parcels were marked from A1 to O1. The aforesaid case property was taken into possession by Inspector Balwinder Singh, IO vide recovery memo Ex.P9 attested by DSP Manjinder Singh, ASI Sukhdev Singh and PW Bawa Singh. The above said 375 bags of rice flakes i.e broken rice alongwith bill no. 3166 dated 19.08.2007 issued by M/s Goel Good Products in respect of 375 bags of rice flakes, one GR i.e goods receipt and other documents were also taken into possession by Inspector Balwinder Singh IO vide separate memo Ex.P10 attested by DSP Manjinder Singh and aforesaid witnesses. On personal search of accused Lakha Singh currency notes of Rs.550/- were recovered which were also taken into possession by the Investigating Officer vide memo Ex.P11 thumb marked by the accused and attested by aforesaid PWs. Accused was arrested. He also prepared rough site plan of place on recovery with correct marginal notes and further recorded statements of the witnesses. On return to police station Sadar Mansa, Inspector Balwinder Singh IO produced the accused and case property before SHO/SI Harpal Singh, who further sealed the case property with his seal bearing impression HS. He also affixed his seal on sample seal chit and took the case property in his possession, vide memo Ex.P2 attested by Inspector Balwinder Singh. On the next day, SI Harpal Singh produced the accused and case property in the court of CJM Mansa along with inventory report and request. After producing the case property in court, he deposited the same except for sample parcels and sample seal chit in Judicial Malkhana. He sent sample parcel to the office of FSL Punjab, Chandgiarh on 28.08.2007 through C. Harkirat Singh. After receipt of report of FSL, and completion of formal investigation, challan against the accused was presented in court.,

(3.) On presentation of challan, copies of documents were supplied to accused free of costs as required under section 207 Cr.P.C. Charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act,. 1985 was framed against the accused. Accused pleaded not guilty and claimed trial.