RANJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment I intend to dispose of CRA No. S. 1375 -SB of 2005 titled as Ranjit Kumar versus The State of Punjab decided by Shri Karnail Singh, Judge Special Court, Jalandhar vide judgment dated 19.07.2005 and order dated 20.07.2005 convicting the accused 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 whereas CRA No. S. 1561 -SB of 2005 titled as Surjit Kumar versus The State of Punjab decided by Shri Bua Jee Sansi, Judge Special Court, Jalandhar vide judgment and order dated 2.06.2008 convicted the accused under Section 15 of the 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 one and half years. Since both these appeals have arisen out of the same incident, therefore, these have been taken up together for discussion and decision in order to avoid any repetition. Facts are being taken from CRA No. S. 1375 -SB of 2005.

(2.) IN brief, case of the prosecution is that on 12.08.2003 SI Som Nath along with ASI Bharat Masih, HC Virsa Singh and other police officials was present at Adda Kala Bakra in connection with checking, where he received secret information that accused Surjit Kumar @ Sita and his brother Ranjit Kumar were dealing in poppy husk and on that day they were in possession of poppy husk at the Dera in the area of Jallowal and if raid is conducted, recovery could be effected. Finding the said information to be reliable, he sent ruqa to the police station, on the basis of which formal FIR was recorded. He tried to join independent witness but none was ready to join. Then the police party proceeded towards the disclosed place. On reaching in the area of village Jallowal Navneet Pal Singh Sarpanch and Gurdeep Singh panch were summoned as witnesses and they were joined in the police party and raided the disclosed place. Accused Surjit Kumar and Ranjit Kumar were found present in a room of Dera and were apprehended and six bags containaing some articles were lying in the said room. Firstly he asked Surjit Kumar @ Sita that he is suspecting some contraband in the said bags and he wanted to take search whether he wanted the search in the presence of gazetted officer or Magistrate, as he has the legal right in this regard. Similarly, accused Ranjit Kumar was also apprised regarding his right of search and both the accused wanted to be searched before Gazetted Officer and regarding that their separate memos were prepared. Then, DSP Harmohan Singh was requested to reach at the spot and on his arrival, he disclosed his identity to Surjit Kumar accused that he is gazetted officer and posted as DSP (R) and asked him whether he wanted his search before any gazetted officer or Magistrate, but the accused Surjit reposed his confidence in him. Similarly he also apprised the accused Ranjit Kumar on the same line and also gave his identity but he reposed confidence in him. Statements of both the accused were recorded separately.

(3.) ON conducting the search of the bags the same were found containing poppy husk. Two samples of 250 grams each were separated and parcels of the same were prepared and the residue poppy husk in each gunny bag, weighed to be 34 kgs. The sample parcels and the bags contaianing the bulk were sealed with his seal bearing impression SN and with the seal of DSP having impression HS. He handed over his seal after use to Gurdeep Singh and the seal of DSP was handed over to him. Sample seals were also prepared separately. The case property was taken into possession vide recovery memo. All the aforesaid articles were taken into possession vide seperatre memo. 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.