BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Custody certificate of the appellant filed in Court is taken on record.

(2.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 08.01.2004 passed by learned Judge, Special Court, Patiala, whereby appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lac for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'). In default,to further undergo rigorous imprisonment for two years.

(3.) Brief facts of the case are that on 11.06.2000, police party headed by SI Jagrup Singh(PW 2) was going in govt. vehicle to perform their official duty towards village Chupki. When it reached near the bridge of Bhakhra canal in the area of village Chupki, Gurdial Singh met and was joined in the police party. At that time, a jeep came from the side of village Nanhera and on seeing the police party, one of the occupants of jeep alighted and ran away while the another was apprehended. The person who was apprehended was Baljinder Singh (appellant) while the occupant of the jeep who ran away from the spot was identified as Krishan Lal @ Ramu by C. Sher Singh. Five bags were lying in the jeep and SI Jagrup Singh apprehended that the same contained contraband articles. He apprised the accused of his right to get the search conducted in the presence of Gazetted Officer or Magistrate. The accused desired that his search be conducted in the presence of Gazetted Officer as per the memo Ex.PA which was thumb-marked by the accused. Thereafter, DSP Gurbachan Singh was called to the spot. The facts were disclosed to the DSP by SI Jagrup Singh. Upon this, DSP Gurbachan Singh disclosed his identity to accused-Baljinder Singh and told the accused that his search is to be conducted. Accused-Baljinder Singh reposed confidence in the DSP and as per the directions of DSP, search was conducted and the bags were found containing poppy husk. Two samples of 250 grams each from every bag were separated and put in a parcel. The remaining poppy husk on measurement came to be 20 kg in each bag. The poppy husk was put into the same bags. The samples and the bags with remaining poppy husk were sealed with the seal of DSP Gurbachan Singh bearing letters 'GS' and of investigating officer Jagrup Singh bearing letters 'JS'. Sample seal Ex.P1 was also prepared. The case property was taken into possession vide recovery memo Ex.PB. The jeep was also taken into possession vide recovery memo Ex.PC. On further search, the currency notes of Rs.100/- were recovered from the front pocket of the shirt of the accused which were taken into possession vide recovery memo Ex.PD. The grounds of arrest were disclosed to the accused vide memo Ex.PE which were attested by HC Kuldip Singh and thumb marked by PW Gurdial Singh. Ruqa Ex.PG was sent to the police station through C. Kulwant Singh whereupon formal FIR Ex.PG/1 was recorded. The case property was deposited with MHC Gurmail Singh and later on, it was produced before Illaqa Magistrate along with application Ex.PH. As per the directions of Illaqa Magistrate, the case property was again deposited with MHC. On 13.06.2000, accused-Krishan Lal was arrested in this case. The samples were later sent to Chemical Examiner and vide report Ex.PL, the same was found to be that of poppy husk. After completion of investigation, challan was presented against the accused persons in the Court. On finding a prima facie case against the accused persons, they were charge-sheeted under Section 15 of the 'NDPS Act' to which they pleaded 'not guilty' and claimed trial. To prove its case, the prosecution examined PW 1 Gurbachan Singh, DSP, PW 2 SI Jagrup Singh, PW 3 HC Kuldip Singh, PW 4 ASI Gurmail Singh, PW 5 HC Devinder Pal and PW 6 Inspect Budh Ram.