HARWINDER SINGH ALIAS KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARWINDER Singh alias Kaka son of Dharam Singh aged 37 years and Kashmir Singh alias Nika son of Dharam Singh aged 39 years, both residents of Village Khiala Balanda, Police Station Hariana in District Hoshiarpur, have filed this appeal against the impugned judgment and sentence order, both dated July 16, 1999, passed by Sh.Gurnam Singh, the then Special Judge, Hoshiarpur, in case First Information Report No. 15 dated February 20, 1997, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') registered at Police Station Hariana. They were convicted under Section 15 of the Act and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay rupees one lac as fine and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) THE facts of the prosecution case are that on February 20, 1997, Inspector Swaran Dass received information on telephone that both the appellants indulged in the smuggling of poppy husk and the same could be recovered from them in the large quantity. Sub Inspector Ravinder Singh, Assistant Sub Inspector Gurnam Singh and other police officials were joined in the police party. P.W.Gurdev Singh, an independent witness, was also joined. 'Nakabandi' then was held at the turning point of Village Khiala Balanda. At about 6.45 A.M. a tractor -trolley was spotted coming from the side of Jaja Chowk. Harwinder Singh alias Kaka (appellant) was driving the tractor while Kashmir Singh alias Nika (appellant) was sitting in the trolley. The tractor -trolley was intercepted. Inspector Swaran Dass asked from both the appellants as to whether they wanted their tractor -trolley to be searched in the presence of a Gazetted Officer or a Magistrate. Both the appellants reposed faith in the police party. Their consent memos (Exhibits P.C. and P.D.) were prepared. Harwinder Singh alias Kaka (appellant) signed it while Kashmir Singh alias Nika (appellant) thumb marked it. P.W.Gurdev Singh, Sub Inspector Ravinder Singh and Assistant Sub Inspector Gurnam Singh attested the consent memos. Six bags containing poppy husk were found lying in the trolley attached to the tractor. Each bag was weighed and it was found to contain 37 kilograms and 250 grams poppy husk. These bags were then sealed by Inspector Swaran Dass with his seal bearing impression of letters 'SD'. The tractor -trolley and the six bags of poppy husk were then taken into possession vide recovery memo (Exhibit P.E.). Both the appellants could not produce any licence or permit to keep in their possession the poppy husk. Ruqa (Exhibit P.F.) was sent whereupon this case was registered. Exhibit P.F/1 is copy of First Information Report. Deputy Superintendent of Police Randhir Singh was sent for at the spot. He came there after some time. Both the appellants along with six bags of poppy husk, duly sealed, were produced before him. He opened the seals on the bags. He took out sample of 250 grams of poppy husk from each bag. Samples were separately sealed. The remaining poppy husk was sealed in the same bags. The bags are Exhibits P -1 to P -6. Deputy Superintendent of Police Randhir Singh had sealed the samples and the bags with his seal bearing impression of letters 'RS'. The bags and the samples were entrusted to Inspector Swaran Dass and the entrustment memo (Exhibit P.A.) was prepared. Site plan (Exhibit P.O.) was prepared showing the place of recovery. Inspector Swaran Dass, on reaching the Police Station, deposited the samples and the bags (Exhibits P -1 to P -6) with Moharrir Head Constable Tirath Ram, Incharge of the Malkhana. Six samples were thereafter sent to the Chemical Examiner for analysis. Report (Exhibit P.J.) of the Chemical Examiner was received. Their contents were found to be of poppy husk. On completion of the investigation, challan was put in against the appellants for the offence punishable under Section 15 of the Act.

(3.) THE prosecution, at the trial, had examined six witnesses, namely, Satnam Singh, Clerk (PW -1), Deputy Superintendent of Police Randhir Singh (PW -2), Inspector Swaran Dass (PW -3), Head Constable Tirath Ram (PW -4), Sub Inspector Ravinder Singh (PW -5) and Constables Chhinder Pal (PW -6).