GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDIP Singh and Gulzar Singh appellants were convicted under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) by the Court of Judge, Special Court, Rupnagar vide judgment dated 4.5.2004 and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs. 1,50,000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of three years each.

(2.) GURDIP Singh accused filed Criminal Appeal No. 574-DB of 2004 while Gulzar Singh has filed Criminal Appeal No. 705-DB of 2004. Since both these appeals have arisen from the same judgment, so the same are being disposed of by this common judgment.

(3.) IN the meantime, DSP Randhir Singh PW-4 reached the spot after receiving message from ASI Sarabjit Singh and the latter produced 12 jute bags, each bag containing 40 Kilograms of poppy husk recovered from the truck bearing registration No. PB-12-1595 which were in possession of Gurdip Singh truck driver and his companion Gulzar Singh. DSP Randhir Singh made enquiry from the accused and they reposed confidence in him. Thereafter DSP Randhir Singh broke open the seals of 12 bags. Two samples of poppy husk were taken from each bag. The remaining poppy husk came to be 39.500 grams. The sample parcels and the bags of remaining poppy husk were separately sealed by DSP Randhir Singh with his own seal bearing impression "RS". Sample of the seal was kept separately and the seal after use was kept by Randhir Singh DSP himself. He thereafter handed over the accused, parcels of samples, sample of seal and the case property of remaining poppy husk to ASI Sarabjit Singh who conducted the remaining investigation. The sample parcels of poppy husk were sent for analysis to the Forensic Laboratory which were found to be poppy husk. The investigation was completed and the accused were sent up for trial.