GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Gurbachan Singh and Balkar Singh faced trial for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and were convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac each, in default of payment of fine to further undergo rigorous imprisonment for six months each. Brief Facts:

(2.) A police party headed by ASI Davinder Singh of Police Station Dhilwan, District Kapurthala, was holding a Nakabandi near T-point of village Mander Bet on 06.05.2001 where it joined Darshan Singh as independent witness. After some time, a tractor-trolley came from the side of Railway Crossing of village Gadana, which was being driven by appellant Gurbachan Singh, whereas appellant Balkar Singh was sitting in the trolley. ASI Davinder Singh suspected some contraband in the trolley and gave offer to the appellants to get the search to be conducted before a Gazetted Officer or a Magistrate. They opted their search to be conducted before a Gazetted Officer vide memo Ex.PA. On request, Harmail Singh, Deputy Superintendent of Police, Bholath reached the spot. He disclosed his identity to the appellants as Deputy Superintendent of Police, a Gazetted Officer and gave offer to the appellants to get the search to be conducted from any Magistrate or before him. Vide consent memo Ex.PB, the appellants reposed their confidence in DSP Harmail Singh. On search of trolley, three bags, kept concealed under the wheat chaff (Turi) being carried in the trolley, containing poppy-husk were recovered. A sample of 250 grams was separated from each bag and remaining poppy-husk on weighment came to 34 Kgs and 750 grams in each bag. Parcels of sample and remaining poppy-husk were prepared and sealed with the seal of DSP Harmail Singh bearing seal impression 'HS'. Sample seal was prepared. The seal after use was retained by the Deputy Superintendent of Police. The case property including the samples were taken into possession vide recovery memo Ex.PC along with the tractor-trolley. Ruqa Ex.PG was sent to the police station whereupon formal FIR Ex.PG/1 was recorded. The appellants were formally arrested and required investigation was carried out. Inderjit Singh SHO, Police Station Dhilwan came to the spot. The case property along with appellants were produced before him. He checked the case property and interrogated the appellants and then fixed his seal bearing impression 'IS' on the case property and also prepared the sample seal impression. On return to the police station, case property was deposited with MHC and on the next day, it was produced before the Illaqa Magistrate, who after seeing the case property, put his initial over it. Case property was deposited with Inspector Inderjit Singh, on return to the police station, who further deposited the same with MHC under his supervision. The samples were sent to the Chemical Examiner and vide report Ex.PJ, these were declared to be that of poppy-husk. After completion of investigation, challan against the appellants was presented before the Court.

(3.) Copies of documents as relied upon by the prosecution were supplied and finding a prima facie case, the appellants were charge-sheeted for the offence punishable under Section 15 NDPS Act to which they pleaded not guilty and claimed trial.