JASWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by accused-appellants, namely, Jaswinder Singh and Kulwant Singh against the judgment of conviction and order of sentence dated 18/19.4.2007 passed by Special Judge, Ferozepur, whereby, they have been convicted for offence punishable under Section 18 (c) of NDPS Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period of five years each and to pay a fine of Rs. 50000/- each with default clause.

(2.) Briefly, the facts of the prosecution case are that on 2.1.2001 ASI Baj Singh, Incharge of Police Post Sito Guno along with other police officials was present on Defence Road for checking. At about 1.00 pm, one truck bearing registration No. MP-09D-8275 came from the side of Rajasthan, which was stopped and inquiry was made regarding names and addresses of all four persons, who were sitting in the truck. The driver of the truck disclosed his name as Kulwant Singh and cleaner disclosed his name as Jaswinder Singh. Other two persons sitting in the truck disclosed their name as Jagjit Singh and Som Nath. On search of truck, opium which was wrapped in a glazed paper contained in a bag (Jhola) was found lying on the dash board of the truck. On weighing, opium came to be two kgs. Ten grams of opium was separated from the recovered opium as sample and its separate parcel was prepared. The remaining opium was put in a container and a separate parcel was prepared. Both the parcels were sealed by ASI Baj Singh. After sealing, the case property was taken into possession vide recovery memo Ex. P2. The accused were not having any valid licence or permit for keeping the contraband due to which a ruqa was sent to police station, on the basis of which, a formal FIR was registered against four persons. Nothing was recovered from the personal search of the accused. The truck along with 144 bundles of gunny bags was taken into possession. Accused were informed the reason of arrest vide Memo Ex. P5, which was signed/thumb marked by all the accused and attested by witnesses. Rough site plan was prepared. Special report was sent to SSP, Ferozepur. The accused along with case property were produced before Magistrate and samples were sent to the Chemical Examiner, Jalandhar for analysis.

(3.) On completion of investigation, challan against accused persons was presented in the Court.