BUTA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 15/20.1.2003 passed by Judge Special Court, Bathinda, whereby, accused-appellants have been convicted for an offence under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period of ten years each and to pay a fine of ' one lac each with default clause.

(2.) Briefly the facts of the case are that on 5.6.1999 SI Manjit Singh along with ASI Malkiat Singh and other police officials was going in Government Canter in connection with patrolling duty towards village Gehri Butter etc. One Bali Ram, independent witness was also with the patrolling party. When the policy party was going towards Village Dhani by Kacha Path from Village Gehri Butter, the accused were found sitting under Shisham tree on the gunny bags. On having suspicion, the Investigating Officer stopped the canter and apprehended the accused. He asked the accused that he wanted to conduct the search of gunny bags over which they were sitting. An option of search before some Gazetted Officer or Magistrate was given jointly. All the accused opted to be searched from the Gazetted Officer. A joint statement Ex. PH of the accused was recorded, which was thumb marked by the accused and attested by PWs. A wireless message was sent to Mr. Jaspreet Singh Sidhu, DSP(R), Bathinda, who reached at the spot. He also gave joint offer to the accused for search before any other Gazetted Officer or Magistrate but they reposed confidence in him. A Joint Statement Ex. PA of accused was recorded, which was thumb marked by them and attested by PWs. Then, on the direction of DSP, Investigating Officer searched the bags, which were 15 in numbers and all were found containing poppy husk. 250 grams of poppy husk was taken out as sample from each bag separately and the remaining bags on weighment were found to be containing 40 kgs of poppy husk in each bag. All the 15 samples and 15 bags were sealed separately by the IO with his seal MS. Seal impression Ex.P1 was separately prepared. All the parcels and sample seal were taken into possession vide memo Ex.PB attested by PWs. Personal search of the accused was conducted. On preparing separate memos, which were attested by PWs, were sent to Police Station, on the basis of which formal FIR was registered. Rough site plan was prepared and accused were arrested. Statements of PWs were recorded and case property as well as accused were produced before Illaqa Magistrate and samples were sent to the Chemical Examiner. Thereafter on completion of investigation, challan against accused persons was presented in the Court.

(3.) On appearance of the accused in Court, the copies of necessary documents, as required under Section 207 Cr.P.C., were supplied to the accused and thereafter they were chargesheeted under Section 15 of the Act, to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined HC Hardev Singh (PW-1), DSP Jaspreet Singh (PW-2) and SI Manjit Singh (PW-3) and gave up Bali Ram PW as having been won over by the accused and closed the evidence after tendering report of Chemical Examiner Ex. PN.