DEVINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal arises out of impugned judgement and order of sentence dated 20/05/2002 passed by the Judge, Special Court, Mansa whereby the appellants have been held guilty under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "The Act") and in furtherance thereof have been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 Lac. In default of payment of fine, the appellants have been ordered to further undergo rigorous imprisonment for 1 year each.

(2.) THE factual matrix of the case is that on 30/04/1999, SI Baljit Singh SHO PS Sardulgarh alongwith ASI Suraj Bhan and other co -officials were on patrol duty in their official gypsy. When the said police party was some distance short of T -Point Lohgarh on left side of the road, 2 persons were found sitting on two gunny bags. On seeing the police party, they tried to escape. They were apprehended by SI Baljit Singh with the help of his other co -officials. The 1st person disclosed his name as Devinder Singh son of Zora Singh while the other person disclosed his name as Lakhwinder Singh son of Zora Singh. A scooterist coming from the side of the Bveeran Badi was stopped and joined into the police party, who disclosed his name as Bhola Ram son of Birbal Ram. The police party suspected some intoxicating substance in the gunny bags over which the suspects were sitting and accordingly apprised them that their search was to be conducted. SI Baljit Singh apprised the suspects that they had a legal right to get such bags searched at the spot in the presence of a gazetted officer or a magistrate. Both the suspects expressed their desire to get searched before some gazetted officer. Accordingly, wireless message to police station Sardulgarh was sent for sending some gazetted officer at the spot so as to conduct the search. Within 45 minutes, Sh. Amarjeet Singh DSP, Sardlgarh alongwith his gunmen came at the spot in his official gypsy. He introduced himself to the accused persons and apprised them of their right to be searched before a magistrate as he suspected some intoxicating substance in the gunny bags possessed by them. The accused however reposed faith in the DSP and accordingly their search was conducted at the spot. Upon search, poppy straw was found in both the gunny bags. Two samples of 100 grams each were drawn from each bag and were sealed in a parcel. Remaining poppy straw contained in the gunny bags were weighed and each of the bags was found containing 34 Kgs. 800 gms. of the said contraband. Their parcels were prepared and were sealed by the SI with his seal 'BS'. The seal after use was entrusted to Bhola Ram, private witness. After completing the Formalities with regard to sample sealing and taking the same into possession vide recovery memos, ruka was sent to the police station for registration of Formal FIR. Search memos regarding personal search of the accused were also prepared. Rough site plan of the place of recovery was prepared. Accused were arrested and statement of prosecution witnesses under section 161 Cr.P.C. were also recorded. The case property was retained by SI Baljit Singh. Special report was also sent by the SI and the samples taken from the crime scene were sent for analysis in the laboratory. As per the FSL report, crushed poppy heads were found in both sample parcels.

(3.) PROSECUTION examined PW1 Baljit Singh Inspector, SHO PS, Sardulgarh (investigating officer), PW2 Amarjit Singh DSP Sardulgarh (gazetted officer), PW3 ASI Suraj Bhan, PW4 Constable Baldev Singh and tendered documents in evidence. The private witness, Bhola Ram being won over by the accused and Head Constable Mithu Singh, were given up by the prosecution.