RAJA RAM AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 20.2.2008, rendered by Judge, Special Court, Bathinda under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act'), whereby the appellants were convicted for keeping in their possession 8 bags, containing 35 Kgs. of poppy husk in each bag, without any permit or licence, thus, committing an offence punishable under Section 15 of the NDPS Act. By passing order on sentence of even date, the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of ' one lakh each. In default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) IN brief, facts of the prosecution case are; that on 27.5.2006 Inspector Harbans Singh along with other police officials in Government Vehicle bearing Registration No. PB 05 K 1089, were present at the culvert of minor, in the area of Village Sekhu in connection with nakabandi. There, one Baljinder Singh son of Jang Singh, resident of Village Sekhu met the police party. He was joined in the police party. At about 8.00 A.M. a Jeep bearing Registration No. HR 24A 3959 came from Village Desu side. When Inspector Harbans Singh signaled the jeep to stop, passengers of the car, three in numbers, tried to ran away from the jeep. Police party apprehended two of them, at the spot, whose names, they came to know as Raja Ram and Sadhu Ram. The third person absconded was Neela, who is still a proclaimed offender. Inspector Harbans Singh told the accused persons that he was suspecting some contraband in the jeep, as such, they have got a right to get their personal search as well the search of the jeep conducted in the presence of a Magistrate or some gazetted officer. Notices issued to the accused in this regard are Ex.PA and Ex. PB. Both the accused exercised their option in favour of a Gazetted officer. Thereafter, DSP Jaspal, Circle Talwandi Sabo was called at the spot. On reaching the spot, personal search of the appellants as well of the Jeep was conducted in the presence of DSP. Notices issued by DSP regarding search of the accused are Ex.PC and Ex. PD. From Jeep, 8 bags of poppy husk were recovered without any licence from the possession of the accused. Investigating Officer Inspector Harbans Singh took sample of 250 grams from each bag, made separate parcels thereof, and sealed them with the seal of 'HS'. Residue of the bags were weighed and it came out 34.750 Kgs. of poppy husk in each bag. Thereafter, bags were numbered as 1 to 8 and sealed with the seal of 'HS'. Sample seal Ex.P1 after use was handed over to ASI Surjit Singh. All the aforesaid parcels, bags and jeep were taken into police possession vide recovery memo Ex.PE. From personal search of accused Raja Ram, currency notes of Rs. 270/ -and from Sadhu Ram currency notes of Rs. 120/ -were recovered. Same were also taken into police possession vide memos Ex.PF and Ex. PG. Ruka Ex.PH was sent to the police station for registration of the case, whereupon, ASI Jasvir Singh made his endorsement and recorded the formal FIR Ex. PH/1. The accused were arrested vide memos Ex. PK and Ex. PL. Rough site plan of the spot Ex.PM was prepared with correct marginal notes. Statements of witnesses were recorded. The case property and the accused persons were produced before SI/SHO Gurpreet Singh in the police station, who after verifying the facts put his seal 'GS' on all the samples and bags and also on sample seal and took into possession vide memo Ex.PN. Special report Ex.PU was also sent to the senior police officers. After obtaining the report from FSL as Ex.PT, whereby the contents of sample sent for examination, were reported as that of poppy husk; and after completion of necessary investigation, the challan was put in Court against the accused.

(3.) AFTER taking prosecution evidence, statements of accused under Section 313 Cr.P.C. recorded. Each and every incriminating allegation was put to the accused persons to which, they denied each allegation and pleaded their innocence. Their defence in the statement was only that they were falsely implicated in the present case at the instance of Brij Lal, Sarpanch of Congress Party, who is having strained relations with them.