RAJWINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of both the appeals referred above, which have been arisen out of the same judgment of conviction dated 30.09.2004, vide which both the appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order of sentence of the even dated vide which both the appellants were ordered to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac each, in default of payment of fine, they were further ordered to undergo rigorous imprisonment for a period of six months.

(2.) THE brief facts of the prosecution case are that on 2.03.2003, at about 12.30 a.m (in the night) SI Jagjit Singh, Incharge, Police Station, Bhucho alongwith other police employees was present for checking of the vehicles in connection with the Municipal Elections near the Railway Crossing Burj Kahan Singh Wala. Harwinder Singh @ Toti (DW -2) met them. A white colour Ambassador car bearing registration No. PAW -840 came from the side of Burj Kahan Singh Wala. The Investigating Officer signaled to stop the said car with a torch. The person sitting on the side of the driver jumped from the car, when it was going to be stopped and escaped. The street lights were on. The person driving the car was apprehended. He disclosed his name as appellant Pritam Singh. The person who had fled away was identified as appellant Rajwinder Singh @ Raju by Harwinder Singh @ Toti. Appellant Pritam Singh was apprised that there was suspicion of some narcotic substance in his car and the search of the car was to be taken. He has a right to get the search of the car to be conducted in the presence of any Magistrate or Gazetted Officer. He replied that he want the search of his car to be taken in the presence of a Gazetted Officer. The consent memo Ex.PD was prepared. The Investigating Officer gave a wireless message for deputing any Gazetted Officer or Magistrate to reach at the spot. After sometime, PW -1 DSP Jaspal (Detective) Bathinda, reached at the spot. He introduced himself to appellant Pritam Singh. He also apprised appellant about his legal right to be searched in the presence of any Magistrate or Gazetted officer. Appellant opted for his search in the presence of DSP Jaspal vide memo EX.PA. Thereafter, on the directions of DSP Jaspal, SI Jagjit Singh, Investigating Officer carried out the search of car no. PAW -840. Two bags containing poppy husk were recovered from the dicky of the car. 250 gms of poppy husk was separated as sample from both the bags. The separate sealed parcels of the samples and remainder poppy husk were prepared, which were sealed by the Investigating Officer with his seal bearing impression 'JS'. The sample seal was prepared. The seal after use was entrusted to Harwinder Singh @ Toti. The case property along with car no. PAW -840 and its registration certificate were taken into possession vide memo Ex.PB. The Investigating Officer also prepared the rough site plan of the place of recovery Ex.PG. Accused was arrested. The Investigating Officer sent ruqa Ex.PE to the Police Station, on the basis of which, the formal FIR Ex.PE/1 was registered.

(3.) ON 04.03.2003, appellant Rajwinder Singh was produced before Inspector Devinder Singh by Sarpanch Nihal Singh, who was arrested in this case. The sample parcels were sent to the Chemical Examiner, Punjab, Patiala, which were found to be of Choora Poppy Heads vide report Ex.PT. On completion of the formalities of the investigation, the report under Section 173, Code of Criminal Procedure (for short Cr.P.C) was presented in the Court.