SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of CRA -S -2634 -SB of 2009 and CRA -S -2295 -SB of 2010, which have arisen out of a common judgment of conviction and the order of sentence, dated 8.9.2009, passed by the learned Judge, Special Court, Patiala, whereby the appellants, namely, Sukhwinder Singh and Banka Singh, were held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS Act') and each one of them was ordered to undergo rigorous imprisonment for ten years besides payment of fine of Rs. 1,00,000/ - and in default thereof, to undergo further rigorous imprisonment for one year.

(2.) BRIEF facts of the case are that on 3.12.2005, ASI Satnam Singh (PW10) along with other police officials, was checking the vehicles by laying a barricade. In the meantime, a Ceilo car bearing registration No. HR -51 -A -0511 emerged from Khanauri side and the same was signalled to stop. The driver of the said car turned the same towards village Jogewal. Mihan Singh (DW1) was associated by ASI Satnam Singh (PW10) in the police party and the car was chased in a private jeep. ASI Satnam Singh (PW10) brought the jeep in front of the Ceilo car and the driver driving the car was forced to apply its brakes. Both the occupants of the car alighted from the car and ran away. In spite of the efforts made by the police party, they could not be nabbed. ASI Satnam Singh (PW10) inspected the Ceilo car and found that four gunny bags containing poppy husk were available in the said car. The poppy husk was also scattered in the car. Two samples of 100 grams each were drawn from each bag and were converted into parcels. The residue poppy husk in each bag on weighment came to be 29.800 Kgs. The bags were also converted into parcels. The samples and the bags containing the residue poppy husk were sealed with the seal bearing impression "SS" of ASI Satnam Singh (PW10) and after use the seal was handed over to Mihan Singh (DW1). The sample seal (Ex.P1) was also prepared. The samples and the bags containing the poppy husk were taken into police possession vide recovery memo (Ex. PA), which was attested by HC Sahib Singh (PW1) and Mihan Singh (DW1). The Ceilo car was taken into police possession vide recovery memo (Ex. PB) and the same was also attested by the above said HC Sahib Singh and Mihan Singh. Police memo (Ex. PW10/A) was sent to the police station on the basis of which formal FIR (Ex. PW10/B) was recorded by Moharrir Head Constable Nishan Singh (PW4). Rough site plan (Ex. PW10/C) with correct marginal notes was prepared. On return to the police station, ASI Satnam Singh (PW10) handed over the information (Ex. PW10/D) under Section 57 of the NDPS Act to the Moharrir Head Constable Nishan Singh (PW4) for onward transmission to the Circle Office. The witnesses, the samples and the residue poppy husk were produced before the Station House Officer, Bharpur Singh (PW3), who in turn verified the facts from the witnesses and checked the case property. Under the directions of SI Bharpur Singh (PW3), the samples and the case property were deposited with Moharrir Head Constable Nishan Singh (PW4) on the same day, in intact condition. On the next day, ASI Satnam Singh (PW10) produced the case property before the learned Sub -Divisional Judicial Magistrate, Samana, after taking it from the Moharrir Head Constable. Vide request (Ex. PC), the learned Sub -Divisional Judicial Magistrate passed the order (Ex.PC/1). After coming back to the police station, ASI Satnam Singh (PW10) once again deposited the case property with Moharrir Head Constable Nishan Singh (PW4). On 6.12.2005, ASI Satnam Singh (PW10) took into police possession the affidavit of the owner of the car, namely, Rajinder Singh (PW9), vide recovery memo (Ex. PW7/B), which was attested by HC Darbara Singh and Rajinder Singh, PW6 and PW9, respectively. Similarly, photostat copy of the registration certificate of the Ceilo car was taken into possession vide recovery memo (Ex. PW7/A) which was attested by the above said HC Darbara Singh and Rajinder Singh. The registration number on the registration certificate was HR -05 - F -0511 whereas, the number plate of the Ceilo car was bearing registration No. HR -51 -A -0511 and, as such, the forged number plate was affixed on the Ceilo car at the time of transporting the poppy husk. ASI Satnam Singh (PW10) moved an application (Ex. PW10/E) before the District Transport Officer, Mansa, to ascertain the ownership of the Ceilo car and in turn, the report (Ex. PW10/F) was submitted by the District Transport Officer to the effect that Rajinder Singh, son of Amrik Singh, resident of Ganda Jat, was the registered owner of the Ceilo car bearing registration No. HR -05 -F -0511. Appellant Sukhwinder Singh was arrested on 20.7.2006 and arrest memo (Ex. PW10/G) was prepared which was attested by Mihan Singh (DW1) and HC Ranjha Ram (not examined). The relatives of appellant Sukhwinder Singh were informed vide memo (Ex. PW10/H). ASI Satnam Singh (PW10) and Mann Singh (not examined) identified appellant Banka Singh on 20.2.2006 when he (Banka Singh) appeared in the Court at Samana. Under the orders of the Court, Banka Singh was arrested by ASI Gurpal Singh (PW5). The samples were sent to the Chemical Examiner for analysis. The report of the Chemical Examiner is Ex. PX. After completion of the investigation, the charge -sheet (report under Section 173, Cr.P.C.) was prepared and presented before the Court by Sub Inspector/Station House Officer Jagbir Singh (not examined).

(3.) THE copies of the report under Section 173, Cr.P.C., and the accompanying documents were supplied to the appellants free of costs as enshrined in Section 207, Cr.P.C.