AVTAR SINGH & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is preferred by Avtar Singh son of Dalip Singh and Nirbhai Singh son of Surjit Singh, against the judgment of conviction dated 10.01.2008 and order of sentence dated 11.01.2008 passed by the Special Court, Ferozepur, whereby both the appellants were convicted for the offences punishable under Sections 15(c) and 18(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act'). The appellants were sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac each on both counts. In the event of default of payment of fine, the defaulter shall further undergo rigorous imprisonment for a period of one year.

(2.) The prosecution case is that on 09.11.1998, Inspector Nagaur Singh, P.S. Sadar Abohar, alongwith SI Balwant Singh, ASI Ajab Singh and other police officials was present in Kular Chowk on Defence Road-Sito Guno in the area of village Kulwar in connection with routine checking. A truck bearing registration No.DL-1GB-0335, coming from the side of petrol pump of Dodewala, was stopped by ASI Ajab Singh by giving a signal. In the cabin of the said truck, driver and one more person were sitting. On inquiry by Inspector Nagaur Singh, the driver of the truck disclosed his name as Avtar Singh son of Dalip Singh, resident of Jaito, whereas the other person disclosed his name as Nirbhai Singh son of Surjit Singh, resident of Maur Nau Abad, P.S. Bhagapurana. As Inspector Nagaur Singh suspected some intoxicant material in the truck, he gave option to both Avtar Singh and Nirbhai Singh that whether they wanted the search of the truck by him or in the presence of a Gazetted Officer or a Magistrate. Upon which, both the appellants opted the search of the truck in the presence of some Gazetted Officer vide consent memo Exs.P2 & P3. On message, DSP Gurmit Singh Randhawa reached at the spot and after introducing himself to both the appellants, he also gave option to both the appellants that whether they wanted to opt for search in his presence or in the presence of a Magistrate. The appellants consented for search in his presence vide consent memo Exs.P4 & P5. Thereafter, in the presence of DSP Gurmit Singh Randhawa, Inspector Nagaur Singh conducted the search of the truck, which led to the recovery of 52 bags of poppy husk from underneath of 30 bags of cattle feed. Two samples of 250 grams each were taken out from all the bags and the remaining poppy-husk was kept in the same bags. The samples and the bags containing the remaining poppy-husk were converted into parcels and sealed with the seal 'NS' and 'GS' belonging to Inspector Nagaur Singh and DSP Gurmit Singh Randhawa respectively. On further search of the truck, opium wrapped in the glazed paper was recovered from a bag, which was lying on the back seat of the driver seat. Two samples of 10 grams each were separated from the recovered opium. On weighment, the remaining opium came out to 3 kgs. & 980 grams. Similarly, both the samples as well as the remaining opium were converted into separate sealed parcels. The entire case property alongwith the cattle feed bags and the truck was take into possession vide recovery memo Ex.P6. Ruqa Ex.P7 was sent to the Police Station on the basis of which formal FIR Ex.P8 was registered by SI Veer Chand. Nothing incriminating was recovered from the personal search of both the appellants except currency notes of Rs.500/- from Avtar Singh. After disclosing the grounds of arrest, both the appellants were arrested. On the same day, Suba Singh and Tarsem Singh were also arrested. After the completion of investigation, all the four were made to stand trial.

(3.) To prove its case, the prosecution examined PW-1 Bhola Singh, who deposed with regard to the depositing of 52 sample parcels of poppy husk and one sample of opium duly sealed with seals 'NS' and 'GS' with Chemical Examineer, Jalandhar on 17.11.1998; PW-2 HC Nishan Singh, who deposed with regard to the deposit of case property by Inspector Nagaur Singh in malkana on 10.11.1998 as well as handing over of 52 sample parcels of poppy husk and one sample of opium to Bhola Singh for depositing the same with Chemical Examiner, Jalandhar on 16.11.1998; PW-3 DSP Nagaur Singh (Retd.), the Investigating Officer; PW-4 Ajab Singh, one of the witnesses of recovery and PW-5 DSP Gurmit Singh Randhawa.