BALWINDER SINGH @ LALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order, above mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence as ordered by the Judge, Special Court, Moga vide order judgment/order dated 16.10.2012 under Section 15(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) in FIR No. 148 dated 7.12.2009, registered at Police Station Sadar Moga.

(2.) Prosecution story, in brief, is that on 7.12.2009, Sub Inspector Jagtar Singh was present near railway crossing Dagru in connection with Punjab Bandh along with other police officials. He received a secret information that appellant Balwinder Singh alias Lala was habitual of selling poppy straw and on that day the said appellant was sitting in the house of appellant Jasvir Singh. Appellants were waiting for customers and in case a raid was organized immediately, they could be apprehended. Ruqa was sent to the police station for registration of FIR through Constable Jagdev Singh and on the basis of the same, formal FIR was registered. Sub Inspector Jagtar Singh requested Deputy Superintendent of Police ('DSP' for short) Gurmeet Singh to reach the spot. Thereafter, the police party reached the house of appellant Jasvir Singh. Both the appellants were sitting on a cot.

(3.) On seeing the police party, appellants tried to escape. Balwinder Singh appellant managed to escape whereas appellant Jasvir Singh was apprehended at the spot. In the meantime, Jasbir Singh son of Thana Singh reached the spot and was joined as an independent witness with the police party. Thereafter, DSP Gurmeet Singh introduced himself to appellant Jasvir Singh and apprised him of his right that he could get the search conducted in the presence of a Magistrate or another gazetted officer. Appellant Jasbir Singh reposed confidence in the DSP. In this regard, a consent memo was prepared. Thereafter six gunny bags lying in the front room of the house in a corner, were searched and poppy husk was recovered from the said bags. Sample weighing 250 grams was separated from each bag and the remaining poppy husk on weighment came to 34 kilograms and 750 grams in each bag. The samples were made into sealed parcels and were sealed with seal bearing impression 'JS' (of sub Inspector Jagtar Singh) and 'GS' (of DSP Gurmeet Singh). The remaining poppy was also made into sealed parcels. The samples as well as parcels containing bulk poppy husk, were taken in possession. Seal after use was handed over by Sub Inspector Jagtar Singh to Assistant Sub Inspector ('ASI' for short) Raghubir Singh whereas the DSP retained his seal with him. Special report (Ex. P-13) was sent on 8.12.2009. On return to Police Station, Sub Inspector Jagtar Singh kept the case property in his safe custody. Accused Jasvir Singh was produced before the Area Magistrate on 8.12.2009.