MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, CRA-S-1550-SB of 2002 filed by Manjit Singh and Lakhwant Singh and CRA-S-1570-SB of 2002 filed by Charan Singh are being disposed of. These appeals arise out of the same judgment dated 18.09.2002 of the trial Court, convicting appellants under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and awarding them sentence to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac each, in default of payment of fine to further undergo rigorous imprisonment for three months each. The facts briefly narrated are that on 18.08.1994, police party headed by PW-2 Sub Inspector Mangal Singh, SHO of the Police Station Shahkot, was present at the crossing of Mal-sian Chowk, where the police party comprising of ASI Amrik Singh and HC Gurmail Singh of the Police Post Malsian met them. They were holding picketing at the culvert in the area of village Isewal. The police party spotted truck No. DIG-7665, coming from the side of village Namajipur, which stopped on seeing them. One of the occupants of the truck was identified as Charan Singh who was known to the Sub Inspector and other members of his party, fled from the spot. The vehicle was encircled and the other occupants of the truck were interrogated. The driver of the truck was Manjit Singh and the other occupant sitting in the cabin of truck was Lakhwant Singh, the appellants in CRA-S-1550-SB of 2002. These appellants were asked as to why they were perplexed. The appellants informed the police that there was poppy-husk under the tarpaulin of the truck. The appellants were asked as to whether they want the search to be effected in the presence of some gazetted officer or a Magistrate but they reposed confidence in the police party headed by PW-2.

(2.) The consent memo Ex. PB of these appellants was prepared, which was thumb marked by them and attested by the witnesses. The truck was searched and 30 bags of poppy-husk covered under tarpaulin were found. A weighing machine was arranged. Each bag was found containing 40 kgs. of poppy-husk. The bags were sealed with seal impression 'MS' of PW-2 and seal after use was handed over to PW-5 ASI Amrik Singh. The panchnama Ex. PC of 30 bags of poppy-husk and tarpaulin was prepared.

(3.) A wireless message was sent to DSP, Nakodar to reach the spot. The information in writing (ruqa) Ex. PD was sent to Police Station, Shahkot and formal FIR Ex. PD/1 was registered. In the meanwhile, PW-1 DSP Satinder Singh reached the spot. The bags were opened in the presence of DSP. A sample each weighing 250 gms. was separated from each bag and these were prepared into separate parcels. 30 sample parcels and the remaining poppy-husk in each bag weighing 39 kgs. 750 gms. were sealed with seal impression 'SS' of DSP for which memo Ex. PA was prepared. Ex. PE is the rough site plan prepared by the Investigating Officer. During investigation of the case, registration certificate Ex. P-32 of the truck was taken into possession on 04.09.1994 vide memo Ex. PF.