PIPPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, we are going to dispose of Criminal appeals mentioned above preferred by Appellants-Pippal Singh, Nishan Singh and Paramjit Singh @ Pamma against the judgments of conviction dated 9.10.2007, 11.5.2010 and 25.10.2013 respectively vide which they have been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter called as "NDPS Act), and have been sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,25,000/. In default of payment of fine, they have been ordered to further undergo rigorous imprisonment for a period of 1 year and 6 months.

(2.) The brief facts of the case giving rise to this prosecution are that on 9.2.2005, SI Bachan Singh, SHO, Police Station Dharamkot, Distt. Moga alongwith ASI Ram Singh and other police employees was present at Bus Stand Jalalabad in connection with checking of suspects. He received a secret information that appellant-Pippal Singh, Paramjit Singh @ Pamma, Sona Singh, Nishan Singh @ Shana, r/o village Daule Wala and Raju @ Lawyer, r/o village Sherpur Tekhtu had formed a gang. They used to bring poppy straw in large quantity from Madhya Pradesh in trucks and further sell the same to the smugglers in Punjab. That the said gang had brought large quantity of poppy straw contained in bages in Truck No.PB-12B-9893, the said truck had turned turtle due to rain in a wheat field on a link road near Govt. High School and the members of the said gang were unloading the bags containing the poppy straw from the said truck and were reloading the same in Tata 407 bearing Registration No.PB-10E-9251. A Zen car bearing Registration No.PB-10G-9919 was also lying parked nearby. If a raid is conducted, they can be apprehended along with poppy straw. On receiving this information, SI Bachan Singh informed about the aforesaid facts on mobile phone to Gurjit Singh, DSP, Dharamkot and requested him to reach at the spot. In the meantime, Arur Singh son of Subeg Singh r/o Sherpur Taiba came there on a cycle and was associated in the raid party after disclosing him the facts of the case.

(3.) The raid was conducted at the disclosed place at about 7.30 p.m. In the lights of the vehicle, the Investigating Officer saw appellant Paramjit Singh @ Pamma, appellant-Nishan Singh and non-appellant Sona Singh and Raju carrying the bags on their heads and throwing the same in the canter whereas appellant-Pippal Singh was setting the bags in Tata-407. They were already known to ASI Ram Singh. On seeing the police vehicle, appellant Paramjit Singh, Sona Singh, Nishan Singh and Raju fled away in their Zen car standing nearby. The Investigating Officer with the help of his fellow police officials apprehended appellant-Pippal Singh at the spot. ASI Ram Singh and other police officials chased the said car but they could not succeed in apprehending the fleeing accused. The Investigating Officer asked appellant-Pippal Singh that he suspected some intoxicant substance contained in the truck and if he so desires, the search of the said vehicle can be taken in the presence of a Magistrate or a Gazetted Officer. Appellant-Pippal Singh desired the search to be taken in the presence of some Gazetted Officer for which a non-consent memo was prepared. In the meanwhile, Gurjit Singh Romana, DSP Dharamkot reached at the spot. The search of the bags was conducted on the direction of the DSP. 50 bags from Tata-407 and 20 bags from the truck containing poppy straw were recovered. Farshi Kanda (weighing machine) for weighing the material was arranged. 250 gram of poppy straw was drawn separately from each bag as a sample. The remaining poppy straw came out to be 35 Kg. The samples of gunny bags were sealed by the Investigating Officer with his seal bearing impression BS and Gurjit Singh Romana, DSP also affixed his seal bearing impression GS. The specimen impression of the seals were also prepared separately. The entire case property along with vehicles were taken into possession. The Investigating Officer sent the Ruqa to the police station on the basis of which the present case was registered.