GURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals are directed against the impugned judgment dated 18.05.2006 rendered by Sh.Kuldip Singh, the then Judge, Special Court, Patiala, whereby both the aforementioned appellants were convicted for committing offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be called 'NDPS Act'). They were also sentenced for undergoing rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1,00,000/ - each, and in default thereof, further rigorous imprisonment for a period of two years each, for committing offence punishable under Section 15 of the NDPS Act, vide order of the even date.

(2.) BRIEF facts of the case are like this; that on 26.05.2000, S.I Harbhajan Singh, Incharge E.O. Wing Staff, Patiala along with police officials were going on Devigarh side towards Masigan. When they reached T -Point Bust Stand, Murad Majra, Darshan Singh son of Ganga Singh of Julkan had come across policy party, who joined in the party. S.I. Harbhajan Singh was talking to Darshan Singh and when in the meanwhile, truck bearing No.H.R -37 -4570 came from the side of Masigan. SI Harbhajan Singh gave a signal to stop the truck. The driver of the truck brought the truck to a halt. The driver and cleaner/assistant driver of the truck got down from the truck. The driver of the truck gave documents to the cleaner telling him to get the documents checked whereas, he himself had gone for passing urine.

(3.) WHEN the driver of the truck did not come back, SI Swaran Singh and HC Gian Sigh were sent for him but he could not be traced anywhere. SI Harbhajan Singh inquired about the name and address of the cleaner, who disclosed his name as Shashi Dhar Karkraiti son of Bachi Ram, resident of Rawat, P.S. Kotgawar, Distt. Paudi Garhwal (UP), at present residing at village Nanhera, Police Station Ambala Cantt. Shsashi Dhar further told the police that Gurinder Singh son of Darshan Singh, resident of Ashok Nagar, Ambala Cantt. was the owner of the truck who was driving the same. SI Harbhajan Singh told the accused Shashi Dhar that he suspects some contraband in the truck and wanted to conduct the search of the same. Accused was also informed about his right of search asking him as to if he wanted search of the truck to be taken before a Gazetted Officer or a Magistrate. The accused exercised his option in favour of Gazetted Officer. Memo Ex.PM was prepared in this regard. S.I. Harbhajan Singh sent message to Sh. Nau Nihal Singh, ASP (HQ), Patiala on mobile phone asking him to reach the spot. ASP Nau Nihal Singh along with police staff reached this spot. After coming to the spot he disclosed his identity to accused Shashi Dhar and asked him if he wanted to get the search of the truck conducted in his presence. The accused reposed confidence in the ASP. Consent memo Ex.PB was recorded in this regard. Thereafter, search of the truck was conducted. Eight bags containing poppy husk were recovered. Same were lying concealed underneath the bags of cement. Two samples of 250 gram each were separated from each bag whereas, the remaining poppy husk on weighment came to 36.5 Kg. in each bag. Sixteen samples and aforesaid eight bags were separately sealed with the seal of 'HS' and the seal of ASP bearing impression NNS. Sample seal chit, Ex.P1 was separately prepared. Seal after use was handed over to PW Darshan Singh. The entire case property along with truck and its duplicate R.C. and driving licence from Gurinder Singh accused and 130 bags of cement were taken in possession through recovery memo Ex.PC. Ruqa Ex.PA was sent to the police Station for registration of the FIR whereupon, formal FIR Ex.PA/2 was recorded. Intimation regarding arrest of accused Shashi Dhar was sent to his relations vide memo Ex.PQ. Site plan of the spot Ex.PP was prepared.