GABA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants faced trial and were convicted and sentenced for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) THE prosecution case, in brief, is that on 04.11.1999, a police party headed by SI Nachhattar Singh of Police Station Barnala was going on patrolling and reached T -point in the area of village Khuddi Kalan, where a tractor -trolley was found parked and the appellants were sitting in it. On seeing the police party, they tried to escape by jumping from the trolley but were apprehended. Surjit Singh, Ex -sarpanch of Patti Sekhwan along with one Jarnail Singh came to the spot on a scooter and was associated in the police party. On checking the trolley, some bags under the tarpaulin were found. SI Nachhatter Singh informed the appellants of his intention to make search of the trolley and informed the appellants that if they so desired, can call any Magistrate or Gazetted Officer. Vide memos Ex. PA, Ex. PB and Ex. PC, the appellants opted for the search to be conducted in the presence of a Gazetted Officer. DSP Sukhwant Singh Gill was called to the spot by giving a wireless message, who on arrival, was apprised of the facts of the case. He gave his introduction to the appellants. The appellants reposed confidence in him for the search of the bags in the trolley. Five bags containing 35 kg 500 gms each of poppy -husk were found in the tractor -trolley, out of which two samples of 250 gms from each bag were separated. Separate parcels of the samples were prepared. The samples and the bags with remaining poppy -husk were sealed with the seal of SI Nachhattar Singh bearing impression 'NS' and DSP Sukhwant Singh Gill bearing impression 'SSG'. The specimen of seals Ex. PG was prepared. After use, DSP Sukhwant Singh Gill retained his seal with him while the Investigating Officer handed over his seal to Ex -Sarpanch Surjit Singh. The bags and parcels containing contraband along with sample seal were taken into possession vide recovery memo Ex. PD. The tractor bearing registration No. RRC -3148 along with the trolley and tarpaulin was also taken into possession vide recovery memo Ex. PE. Ruqa Ex. PF was sent to the police station, whereupon formal FIR Ex. PF/1 was recorded. After completing the required formalities at the spot, SI Nachhattar Singh brought the case property and the appellants to the police station where they were produced before Inspector Harbans Singh, SHO who after verifying the contents, put his seal bearing impression 'HS' on the samples, bags containing poppy husk and the specimen seal.

(3.) IN support of its case, the prosecution examined MHC Darshan Singh as PW1, Investigating Officer SI Nachhattar Singh as PW2, ASI Manjit Singh, recovery witness as PW3, Inspector Harbans Singh SHO as PW4, DSP Sukhwant Singh Gill as PW5, Constable Shankar Lal as PW6 and Head Constable Bashir Mohammad as PW7.