MEHBOOB KHAN AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TO assail judgment of conviction/order of sentence dated February 15, 2010 whereby learned Judge, Special Court, Patiala (here -in - after referred to as the 'trial court') has convicted and sentenced them to rigorous imprisonment for a term of eleven years with fine amounting to Rs. 1,50,000/ - and in default of payment of fine to further rigorous imprisonment for one year, each, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'); and to seek their acquittal, appellant Mehboob Khan has preferred Criminal Appeal D - 677 -DB of 2010 and appellants Sanjay Rathore son of Ram Parkash, Sameer Khan, Sanjay Rathore son of Ram Charan and Mukesh Rathore have brought Criminal Appeal D -811 -DB of 2010. In view of commonality of facts and circumstances and provisions of law attracted to the matter, both these appeals are being disposed of by this common judgment being passed in Criminal Appeal D -677 -DB of 2010.

(2.) ON November 12, 2008 Sub Inspector Bikramjit Singh Brar (later promoted as Inspector) (PW5) (here -in -after referred to as 'the Investigating Officer'), accompanied by a few police personnel, had laid a picket near Ambala Octroi Post, Rajpura. At or around 10.30 a.m., while talking to Vijay Kumar (PW), he spotted a military truck bearing No. 08D178898E coming from the side of Ambala being driven by a Hindu gentleman in civvies. Another Hindu gentleman in civil dress was occupying the seat by driver's side. On suspicion he, with the help of his fellow police officials, made the truck to stop and found that four more persons, in civil clothes, were sitting over plastic bags loaded in the hind portion of the truck. Investigating Officer made the occupants of the truck to board down. On his asking the person who was on the wheel disclosed his name as Mehboob Khan, the one who was occupying the seat by the side of the driver revealed his name as Rajat Bansal (Juvenile), and the four others, who were sitting over the bags in the hind portion of the truck disclosed that they were named Sameer Khan, Mukesh Rathore, Sanjay Rathore son of Ram Parkash and Sanjay Rathore son of Ram Charan. They could not produce any proof to establish their identity as army personnel.

(3.) INVESTIGATING Officer arrested the accused; drew a visual site plan (Exhibit PN) of the place of recovery; recorded statements of witnesses; deposited the case property with Moharrir Head Constable Nahar Singh (PW3); and on the following day produced the accused and Inventory, Exhibit PQ/2, before the learned Duty Magistrate who passed order, Exhibit PQ/3, certifying the Inventory to be correct.