SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment two appeals bearing Criminal Appeal No. S -577 -SB of 2002 and Criminal Appeal No. S -885 -SB of 2002 shall be disposed of as both the appeals have been filed against the judgment of conviction and order of sentence dated 15.02.2002 passed by Judge, Special Court, Sangrur. However, the facts are being extracted from Criminal Appeal No. S -577 -SB of 2002.

(2.) BRIEFLY , the facts of the prosecution story are that on 20.09.2000, a Police party headed by ASI Veer Singh in a Police vehicle driven by Constable Pal Singh was on patrolling duty. One Gajjan Singh met the Police party. Meanwhile, a truck bearing No. PB -13 -D -8825 was coming from the side of Village Khannewal. On seeing the Police party, the driver of the truck at once stopped the truck but tried to run away. He was apprehended on the spot on having suspicion his truck was searched out. Before conducting search, an option was given to the accused as to whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate, however, accused reposed confidence in ASI Veer Singh. Statement of accused Sukhdev Singh was recorded, which was duly signed by him and attested by ASI Jarnail Singh as well as PW Gajjan Singh.

(3.) ACCUSED Mohd. Karim was cleaner on the truck and was sitting along with accused Sukhdev Singh. On conducting search, three gunny bags containing poppy husk were recovered from the truck. Out of said bags, two samples of 250 gms were separated and converted into separate parcels. The remaining poppy husk from each gunny bag came to be 291/2 kgs, which was converted into separate parcels. All the parcels were sealed by ASI Veer Singh, Investigating Officer, with his own seal bearing impression "vs". Sample seal chit was separately prepared and seal after use was handed over to ASI Jarnail Singh. The entire case property including the truck and its RC was taken into possession by the Investigating Officer. On personal search of accused -Sukhdev Singh, currency notes of Rs.45/ - were also recovered but nothing was recovered from accused -Mohd. Karim. Ruqa was sent to Police Station, on the basis of which, a formal FIR was registered by ASI Inder Singh. The accused were arrested and the case property including sample seal were deposited with M Jagdev Singh. On the next day, the case property along with accused were produced before the Illaqa Magistrate and thereafter, the case property was deposited with M Jagdev Singh.