BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall also dispose of Crl. Appeal No. 1525-SB of 2003 (Jagir Singh v. State of Punjab), as both the Criminal Appeals arise out of a common judgement dated 21.7.2003 in Sessions Case No. 195 dated 16.12.2003 (RBT No. 53 dated 4.7.2003), passed by Shri J.S. Bhatia, learned Judge of Special Court, Ludhiana, holding the accused-appellants guilty of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing them to undergo RI for ten years with a fine of Rs. 1,00,000/- each and in default of payment of fine to further undergo RI for one year, each.

(2.) SUCCINCTLY narrated the facts of prosecution case are that on 16.9.2000 Inspector Paramjit Singh, I.O., accompanied by police personnel ASI Shivcharan Singh and other police officials was no duty at Railway Crossing Gate, Dhandari Kalan, holding special nakabandi (blockade). At that time, he received a secret information to the effect that Balwinder Singh @ Binder, Jagir Singh @ Jagira, Prem Singh @ Premi and Jaswant Singh were bringing poppy husk to Ludhiana in Truck No. HR-07G-0235 from towards village Gobindgarh to dry port Dhandari Kalan and on checking a huge quantity of poppy husk contained in bags could be recovered. On the basis of this secret information, Inspector Paramjit Singh, I.O., sent ruqa PJ to Police Station for registration of FIR and thus FIR, Ex.P7/1, was recorded by SI Harbans Singh. Thereafter, Inspector Parmajit Singh, I.O., along with other police officials held blockade for checking vehicles at T. Point of Gobindgarh Railway Crossing on kacha road after sending a telephonic message to DSP Gurjit Singh. DSP arrived at the spot. PW Gurmit Singh was also associated with police party. At about 1.15 PM, above said truck having crossed the railway crossing, turned towards Gobindgarh on a kacha passage. On directions of DSP Gurjit, Inspector Paramjit Singh signalled the truck to stop. Then, two persons, who were sitting on tool box, jumped down and ran away. Accused Jagir Singh and Balwinder Singh were, however, apprehended on the spot. Accused Jagir Singh was driving the truck wheras accused Balawinder Singh was sitting along with him. DSP Gurjit Singh disclosed his identity to both the accused and told them that they suspect some contraband being carried in the tuck. Hence, a search was required to be conducted and if they so desire, then some Gazetted Officer or Magistrate could be called on the spot. Both the accused reposed faith in him. Accordingly, their consent statements were recorded separately. They are Ex.PA and Ex.PB with thumb impressions of both the accused and are attested by Inspector Pramjit Singh and PW Gurmit Singh. As per directions of DSP Gurjit Singh, Inspector Paramjit Singh, IO, conducted search of the tuck with the help of other police officials and recovered 30 bags of poppy husk concealed underneath the bags of maize and millet. On weighment each gunny bag came to 40 Kgs. All the bags were marked to A to Z and AB, AC and AE. From each gunny bag, two samples of 250 grams each were sorted out and converted into separate parcels with specific markings. The residue of each gunny bag on being weighed came to 39 kgs 500 grams. All the 60 samples parcels and 30 bags containing the residue of contraband were sealed by Inspector Paramjit Singh, IO, with his seal bearing impression 'PS' and further by DSP Gurjit Singh with the seal bearing impression 'GS'. Sample seal chits were separately prepared and the seal of Inspector Paramjit Singh after use was handed over to ASI Shivcharan Singh. The entire case property including the afore said truck was taken into possession by Inspector Paramjit Singh, I.O., vide recovery memo Ex.PC attested by DSP Gurjit Singh, ASI Shivcharan Singh and PW Gurmit Singh. On personal search of accused Jagir Singh, currency notes of Rs. 310/- in total were recorded and were also taken into possession by the Investigating Officer vide memo Ex.PD attested by PWs. Similarly, on personal search of accused Balwinder Singh, currency notes of Rs. 530/- were recovered and taken into possession by Investigating Officer vide memo Ex.PE attested by PWs. On further search of the truck, from its dash board a bag containing R.C. Permit, driving licence and bill etc. were recovered and also taken into possession by the Investigating Officer vide recovery memo Ex.PF attested by PWs. 45 bags of maize and 80 bags of millet which were also found loaded in the truck were taken into possession by the Investigating Officer vide recovery memo Ex.PG attested by PWs. The Investigating Officer prepared a rough site plan of the place of recovery Ex.PK with correct marginal notes. He also recorded the statements of the witnesses and arrested the accused. Having returned to the Police Station, the Investigating Officer produced the accused and the case property before SI Harbans Singh, officiating SHO, who conducted the physical verification of the articles and further sealed them with his seal bearing 'HS'. He also put his seal on sample seal chit Ex.P-1. The Investigating Officer deposited the case property with MHC Kuldip Singh. On the next day on directions of Investigating Officer, ASI Shivcharan Singh produced the case property in Court with a request Ex.PH. After receipt of report of Chemical Examiner, Ex.PM, and on completion of formal investigation, a challan was put up against the accused in competent Court.

(3.) ON the other hand, learned State counsel submitted that the seals of the samples sent to the FSL were found to be intact and that under Section 54 of the Act, there is a presumption against the appellants.