GURPREET SINGH SEKHON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.09.2008 rendered by Shri A.K.Singla, Special Judge, Faridkot convicting the appellants-accused Gurpreet Singh son of Makhan Singh and Gurcharan Singh son of Gurdev Singh, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter to be called 'the Act') for keeping in their possession 70 kg of poppy husk.

(2.) Accused Ashok Kumar son of Sohan Lal, driver of the Maruti Car, in which the co-accused i.e. Gurpreet Singh and Gurcharan Singh were travelling along with the poppy husk, was ordered to be acquitted by the learned Special Judge, Faridkot holding that the prosecution has failed to establish the identity of Ashok Kumar-accused.

(3.) By passing the order on sentence, accused-Gurpreet Singh and Gurcharan Singh were sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs. 1 lac each under Section 15 of the Act. In-default of payment of fine, they shall undergo further imprisonment for two years each. As per the prosecution story, on 19.07.2007, ASI Puran Singh along with other police officials, was present on the drain bridge in the area of village Dabrikhana on account of naka bandhi for the checking of suspects. Sukhdan Singh, an independent witness, was associated with the party. At about 9:15 A.M., a Maruti Car bearing No. DL1-CE-1179 was seen coming from the side of village Dabrikhana. It was signaled to stop. However, driver of that Maruti Car stopped it at some distance. As per prosecution, Ashok Kumar @ Ashoki who was known to the officials could make good his escape. Gurcharan Singh-accused was sitting in the front seat beside the driver. Gurpreet Singh-another accused was sitting on the rear seat. One bag was lying on the rear seat and one bag in the diggi of the car whereas some poppy husk was lying on the floor of the car. From each bag, two samples of 250 grms of poppy husk were drawn and duly sealed with the seal of P.S. by ASI Puran Singh. The remainder poppy husk was weighed to 34.5 kg. Sample seal was separately prepared and seal after use, was handed over to Head Constable Gurjeet Singh, whereas the recovered poppy husk along with the car were taken into police possession vide Memo Ex. PJ. One mobile contained in the parcel i.e. Ex. P-2 recovered from Gurcharan Singhaccused was also taken into possession vide memo. Ex. PJ. The memo was duly attested by the witnesses. Ruka Ex. PO was sent to police Station for registration of the case, whereupon, FIR Ex.PO/1 was registered by MHC Balwant Singh. Necessary investigation at the spot were completed and, thereafter, accused, witnesses and the case property were produced before SHO Harbhajan Singh, who, after verifying the facts, put his seal impression H.S. on the case property i.e. all the parcels and samples. Memo. Ex. PA was prepared in that regard which was signed by ASI Puran Singh. Report under Section 57 of the Act was sent to the higher authorities. After receipt of the report i.e. Ex.PN from FSL, whereupon it was reported that the contents of sample which were sent to FSL for test are that of 'poppy head'. The case for possessing 70 kgs of poppy husk by appellants-accused was made out and thus the challan was presented in the Court.