RAM LUBHAYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 30.09.2002, passed by learned Special Judge, Jalandhar, whereby they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1,00,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).

(2.) THE brief facts of the prosecution case are that on 05.01.2001, SI/SHO Joga Singh along with other police officials was present at naka at Bara Pind road where Gulati Vineet PW Tarun was joined in the police party. During checking, a vehicle TATA -407 bearing registration No.PB 07B 4926 came from the side of Bara Pind village and it was signalled to stop. The driver Ram Lubhaya tried to slip away after opening the door. Ram Lubhaya and Amrik Lal, both the accused were apprehended on the spot. Since, contraband was suspected, an offer was given to them to get the search of the vehicle conducted from a Gazetted Officer or Magistrate. Accused told that they wanted the search to be conducted from some Gazetted Officer. A wireless message was sent to DSP Ashok Bath, who arrived at the spot and disclosed his identity and again asked accused if they wanted to get search of their vehicle to be conducted from some Magistrate or from him. Accused reposed confidence in him. On directions of DSP Ashok Bath, the Investigating Officer conducted search of the vehicle and 49 bags containing poppy husk were recovered lying in the said vehicle. Samples of 250 gms. from each bag were separated and the remaining bulk, on weighment, came to be 36 kgs. in each bag. Samples and the case property were sealed with the seal of Investigating Officer bearing impression 'JS' and DSP Ashok Bath also affixed his seal bearing impression 'AB' and sample seal impressions were prepared. The case property was taken into police possession vide recovery memo Ex.PF. Ruqa was sent to the police station, on the basis of which FIR was registered. Rough site plan was prepared. Statement of witnesses recorded. Accused were arrested. On 06.01.2001, Investigating Officer deposited the case property intact with the MHC. After necessary investigation and on receiving of report of Chemical Examiner Ex.PM, challan was presented against the accused -appellants.

(3.) ON presentation of challan against accused -appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused -appellants were charge -sheeted under Section 15 of the NDPS Act, 1985, to which they pleaded not guilty and claimed trial.