KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common judgement shall dispose of both the abovementioned appeals as they arise from identical factual matrix. However, for the sake of brevity, the facts are taken from CRA-S-332-SB-2002.

(2.) The instant appeal is preferred against the judgment of conviction and order of sentence dtd. 26/11/2001 passed by learned Judge, Special Court, Fatehgarh Sahib in FIR No.113 dtd. 23/11/1986 under Ss. 15 and 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station Gobindgarh, Fatehgarh Sahib, whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs.1,00,000.00 each under Sec. 15 of NDPS Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of 01 year.

(3.) The facts of the prosecution case, tersely put, are that on 23/11/1986, a police party headed by PW5-SHO SI Sher Singh (Investigating Officer) was on patrolling duty, when they received secret information that a truck bearing registration No.PJP-5277 has been parked by the road. The appellants along with one other person were sitting in the truck and it was loaded with poppy husk. Information being reliable, the police party proceeded to the spot. On their way, one independent witness, namely, Harbans Singh Lambardar joined the police personnel at Village Mughal Majra. When the police jeep approached the truck, three persons, on noticing the police jeep, fled away from the spot and managed to escape under the cover of darkness. The truck was unloaded and 50 bags containing poppy husk were recovered. On weightment, 45 kg of poppy husk was found in each bag. A sample weighing 100 grams was extracted from each of the gunny bags containing poppy husk and prepared into parcels. The sample parcels and the remaining contraband were separately sealed with the seal of the Investigation Officer, S.I. Sher Singh, bearing inscription 'SS'. The recovered contraband was taken into possession vide recovery memo Ex.PF. The bags containing poppy husk were numbered 1 to 50 and the corresponding sample parcels were also numbered as 1 to 50.