SUKHCHAIN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE above noticed five criminal appeals have been preferred against the common impugned judgment and order dated 14.07.2010, passed by the learned Judge, Special Court, Moga, (hereinafter referred to as the trial Court), whereby, the appellants have been convicted for the commission of offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ -, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each.

(2.) BRIEFLY stated facts of the present case are that on 23.09.2008, PW -4, Rajesh Hasthir, along with SI Ranjit Singh, ASI Darshan Singh and other police officials had set up a naka in the area of village Dina Sahib, at the bridge of seepage drain. At about 7.00 a.m., Mahindra Pick Up Jeep, bearing registration No. PB -11 -U -6846, was intercepted. The driver of the jeep along with two persons was sitting in the cabin of the Jeep, whereas, three persons were sitting on the bags loaded in its rear portion. However, the driver and the person sitting on the right side of front seat succeeded in fleeing away. They were identified as Bhana Singh, being the driver and Naib Singh, being co -passenger by HC Baljinder Singh (PW8). The persons sitting in the rear portion over the bags loaded in the jeep were apprehended along with the person sitting on the front left side seat in the Cabin of the Jeep, along with driver Bhana Singh alias Bhagwan Singh and Naib Singh, who were sitting on the right side in the cabin of the jeep. In the meanwhile, one passerby, namely, Jalour Singh, who came to the spot, was joined in the investigation. The person sitting in the cabin disclosed his name as Nirmal Singh. The persons apprehended sitting on the bags in the rear portion of the Jeep disclosed their names as Roor Singh, Gurmail Singh alias Gela and Sukhchain Singh alias Jagga. The Investigating Officer suspected some contraband in the bags. Therefore, he apprised all the four accused of their right of search of the bags before a Gazetted Officer or a Magistrate. All the accused opted search before a Gazetted Officer. Consent memos were prepared. As such, intimation was sent to the police station and in the meanwhile Shri Bulla Singh, DSP, reached at the spot. The DSP again apprised the accused of their right of getting the bags searched before him or before any other Gazetted Officer or a Magistrate. However, all the accused had given their consent of search before the DSP. Consent memos were recorded. Then, in the presence and under the instructions of DSP, all the bags kept in the jeep were unloaded which were 27 in number. All the bags were opened which led to the recovery of poppy straw. The bags were given numbers 1 to 27. One sample containing 250 grams of poppy straw was drawn from each bag and these were converted into separate 27 parcels. Each parcel was given numbers 1 to 27 denoting the number of the bag from which it was taken out. Remaining poppy straw weighed 34 Kgs. 750 grams in each bag. All the 27 bags containing bulk contraband were converted into separate parcels. All the parcels were sealed with the seal of the investigating officer bearing impression RH as well as seal of DSP bearing impressions HS. The investigating officer handed over his seal to SI Ranjit Singh at the spot. Sample seal was prepared. However, the DSP kept his seal with him.

(3.) UPON presentation of challan, copies of the documents relied upon by the prosecution were supplied to the accused.