JUJHAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Crl. Appeal -D No. 1245 -DB of 2010 (Jujhar Singh @ Ladi v. State of Punjab) and Crl. Appeal -D No. 695 -DB of 2013 (Rajinder Kumar @ Raju v. State of Punjab).

(2.) APPELLANTS Jujhar Singh @ Ladi and Rajinder Kumar @ Raju alongwith Sukhdev Singh @ Sukha (not an appellant before this Court) were convicted for the offences punishable under Sections 18(b) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act') and sentenced to undergo rigorous imprisonment for 12 years each, besides, pay a fine of Rs. 1,00,000/ - each and in default thereof, to undergo rigorous imprisonment for one year by the learned Judge, Special Court, Ferozepur vide judgment and order dated 12.05.2010.

(3.) AS per prosecution version, SI Gurbhej Singh, PW3 alongwith ASI Fauja Singh (since deceased), HC Gurnam Singh, PW4 and other police officials had set up a barricade on the bridge of canal minor in the area of village Ramsara on 12.12.2007. At about 4.00 p.m. a truck bearing registration No. RJ - 13G -3665 coming from the side of Matili was signaled to stop by SI Gurbhej Singh. On inquiry, the driver of the truck revealed his name to be Sukhdev Singh and the other two persons sitting beside the driver disclosed themselves to be Jujhar Singh @ Ladi owner of the truck and Rajinder Kumar @ Raju conductor/cleaner of the truck. SI Gurbhej Singh, on suspicion of some intoxicant material being carried in the said truck, apprised the accused of their legal right for having the search being conducted in the presence of a gazetted officer or before him. All the accused opted for being searched in the presence of a gazetted officer. Memo Ex.P11, Ex.P12, Ex.P13 were prepared.