SIKANDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 06.08.2007, Inspector Mukhtiar Singh (PW5), accompanying by other police officials, was holding nakabandi in the area of village Warra Bhai Ka, on the terminal of link road Maur Ghania. PWJ and Singh was also joined with the police party. At about 4.30 p.m., two vehicles including a motorcycle were seen coming from the side of village Ghania. They were signalled to stop. Sikander Singh was driving the motorcycle and Darshan Singh was riding the pillion. When signalled to stop, they tried to slip away after throwing the motorcycle there. When they tried to run away, a bag containing something which was being carried by appellant Darshan Singh in his hands, fell on the ground. Both the appellants were apprehended on the spot and were told by the Investigating Officer that he intended to frisk the bag carried by them but they had a right to have it frisked in the presence of a Gazetted Officer or a Magistrate. Both the appellants opted to get the bag searched in the presence of a Gazetted Officer. A memorandum Exhibit PD was, accordingly, recorded and DSP Satwant Singh (PW3) was requested to reach the spot. Said DSP Satwant Singh (PW3) reached there, disclosed his identity before the appellants and told them that they were free to get the bag searched in his presence or in the presence of another Gazetted Officer or before a Magistrate. However, both the appellants expressed faith in him and opted to have the bag searched in his presence. Investigating Officer searched the bag in the presence of DSP Satwant Singh (PW3). It was found to contain poppy husk weighing 40 kgs. From the contraband so recovered Investigating Officer separated two samples of 250 gms each, and sealed the sample parcels and the remainder with his seal bearing impression 'MS'. DSP Satwant Singh (PW3) also affixed his seal bearing impression 'SS' on the parcels of samples and remainder. Sample seals Exhibit P1 was separately prepared and seal of the Investigating Officer after use was handed over to ASI Balvir Singh (PW4). The sealed sample parcels and parcel of remainder along with motorcycle were taken in possession vide memorandum Exhibit PC. As possession of poppy husk without a permit or licence amounts to an offence within the meaning of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, -'the Act'), Investigating Officer wrote a note (Exhibit PX) and based thereupon a formal First information report, Exhibit PX/1, was recorded at Police Station Jaitu.

(2.) INVESTIGATING Officer drew a visual site plan, Exhibit PG, of the place of recovery and recorded statements of witnesses. The case property was produced before SI Harbans Singh (PW6) and was kept in safe custody. One sample parcel was sent to Chemical Examiner from whom a report (Exhibit PK) was received according to which contents of the sample parcel contained poppy husk.

(3.) LEARNED trial Court, on appraisal of the report and its enclosures and after hearing the prosecutor and defence, formed an opinion that there were grounds for presuming commission of an offence punishable under Section 15 of the Act by the appellants. Accordingly, appellants were charged under Section 15 of the Act to which they pleaded not guilty and claimed to be tried.