AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLA-accused Ajit Singh and his brother, accused Harbans Singh, faced trial under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act') before the trial Court. The trial Court convicted Ajit Singh and acquitted Harbans Singh. Accused Ajit Singh has preferred the present appeal challenging the conviction and sentence recorded by the trial Court under Section 15 of the N.D.P.S. Act.

(2.) THE case, in brief, of the prosecution is that on 6.9.2002, PW6 Kuldeep Singh proceeded alongwith PW5 ASI Karamvir Singh and other police officials in connection with search of suspected persons at Rophti bridge. DW2 Ran Singh came on a scooter and remained there chatting with PW6. At about 10.00 p.m. on the said day, PW6 received a secret information that Head Constable Ajit Singh and Harbans Singh ASI were present with poppy husk in civil dress in an Indica car without registration number and they were waiting for the customers for selling the same near Lala Wala peer on a kacha raasta of village Beeharwal. If raid was conducted, they could be apprehended with poppy husk, the secret informer further disclosed to him. As the information was found to be authentic, he sent a message to secure the presence of a Gazetted Officer or a Magistrate at the spot. PW6 alongwith the police party and DW2 Ran Singh raided the spot and found that both the accused were unloading the bags from Indica car. On seeing the police party, they tried to flee away from the spot. PW6 alongwith the police party surrounded them. But accused Harbans Singh ran away in the Indica car towards Beeharwal, whereas accused Ajit Singh was apprehended at the spot. PW6 could identify accused Habans Singh as he remained posted with him in CIA Staff, Patiala in the year 1991 -92. PW6 disclosed his identity. Accused Ajit Singh also revealed his identity. Both the accused were found to be brothers. PW7 DSP Shamsher Singh Boparai reached the spot at about 10.30 p.m. in his official vehicle alongwith his gunman. The Head Constable made an attempt to chase the car of accused Harbans Singh, but returned unsuccessful. PW7 disclosed his identity to the accused and informed him of his option to subject himself for a search either before a Gazetted Officer or before a Magistrate. The accused reposed faith in PW7. Consent memo Ex. PE was obtained from accused Ajit Singh. Thereafter, as per the directions of PW7, PW6 opened the mouth of both the bags which were unloaded from the Indica car by the accused. Poppy husk was found in both the bags. Two samples of 250 gms. each, from each of the bags were separated. The remaining bags weighed 34 kgs. 500 gms. each. The samples as well as the remaining quantity were separately packed and parceled. PW6 and PW7 put their seal on the samples as well as the bags containing remaining quantity. PW6 handed over his seal to DW2 Ran Singh after use, whereas PW7 retained his seal with him. The case property was taken into possession vide memo Ex. PF which was signed by PW2, PW5 and PW7. From the personal search, a sum of Rs. 150/ -, an identity card and a gold ring were taken into possession vide memo Ex. PG. Memo of grounds of arrest Ex. PH was prepared. Accused Ajit Singh was arrested. PW6 sent ruqa Ex. PK on the basis of which a formal FIR Ex. PK/1 was recorded by ASI Nirmal Singh. PW6 produced the case property as well as the accused before PW1 SHO Harbhajan Singh. On the next day, as per the direction of PW1, the case property was taken to MHC Jaswant Singh and thereafter, it was produced before the Illaqa Magistrate. Accused Harbans Singh was arrested later on. Samples were sent for examination. The FSL report would disclose that the samples sent for examination was nothing but poppy husk.

(3.) DW 1 Harvinder Singh, the cousin brother of accused Ajit Singh, supported him and stated that a person in civil dress came to the house of Ajit Singh and informed him that he was called by PW7. Accused Ajit Singh felt some foul play, as he had objected to the use of petrol of the breakdown vehicles parked in the police station.