JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order, the above-mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence awarded by the trial Court vide judgment/order dated 11.2.2014 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) in FIR No.113 dated 8.6.2001 registered at Police station Sadar, Nawanashahr.

(2.) Prosecution story,in brief, is that on 8.6.2001, Sub Inspector-Bhag Mal was present at Bus Stand Aur along with other police officials. Sub Inspector-Bhag Mal received a secret information that Sukhjinder Singh, Jaswinder Singh, Sokhi, Daula and Kala were present near the drain on Phambra road and were selling poppy husk. On the basis of the said information, a ruqa was sent to the Police Station for registration of the FIR. After the registration of the FIR, Sub Inspector-Bhag Mal along with remaining members of the raiding party reached the spot. On reaching the spot, they found that five persons were standing near ten gunny bags. Appellants-Jaswinder Singh, Sukhjinder Singh were apprehended at the spot, whereas, Sokhi, Daula and Kala managed to escape. Appellants were informed by the Sub Inspector-Bhag Mal that he wanted to search the gunny bags and in case the appellants desired, the gunny bags could be searched in the pressence of a Gazetted Offier. Statements of the appellants were recorded wherein they opted to get the gunny bags searched in the presence of a Gazetted Officer. Thereafter, Deputy Superintendent of Police-Balbir Singh reached the spot. In the presence of the Deputy Superintendent of Police-Balbir Singh, gunny bags were searched and poppy husk was recovered from the said bags, out of which 250 grams of poppy husk was separated as sample from each bag,whereas, the remaining poppy husk in each gunny bag came to be 34 kgs 750 grams. Samples as well as gunny bags were made into sealed parcels and were sealed with seal bearing impression 'BS' by the Deputy Superintendent of Police. Specimen seal was prepared separately. Ten sample bags as well as ten gunny bags containing residue poppy husk were taken in possession. Personal search memos of the appellants were prepared. On return to the Police Station, appellants were produced before the Station House Officer/Inspector- Baldev Singh. Station House Officer-Baldev Singh interrogated the appellants and after verifying the facts affixed his seal on the sample parcels as well as gunny bags bearing impression 'BS'. Sub Inspector-Bhag Mal then deposited the case property with MHC-Paramjit Singh. On the next day, appellants were produced before the Area Magistrate along with the case property. Thereafter, the case property was again deposited with MHCParamjit Singh.

(3.) On receipt of report from the chemical examiner and after completion of necessary formalities, challan was presented against the accused. Charge was framed against appellants and their co-accused Sokhi and Daula under Section 15 of the Act . So far as accused Kala was concerned, he was declared a prcolaimed offender.