SHINGARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is preferred by the appellant -Shingara Singh against the Judgment and order dated 02.09.2011 passed by the learned Judge, Special Court, Jalandhar vide which he was convicted for the offence under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("Act" in short) in case bearing FIR No. 3 dated 03.01.2003 Police Station Goraya, Jalandhar and sentenced thereunder.

(2.) THE case of the prosecution in brief was that on 03.01.2003, the Police party of SI/SHO Gurmit Singh, Police Station Goraya consisting of ASI Surinderpal Singh, ASI Subhash Bath and other police officials was present in the area of turning point of village Kot Grewal in connection with Nakka -Bandi on a private vehicle. One Varinder Singh s/o. Jit Singh reached there per chance and he was consociated with the Police party. During checking one truck bearing registration No. PIB -7937 came from the side of Kot Grewal, which was signaled to stop. Upon this, truck driver applied the brake at once and four persons namely Shingara Singh resident of Dhadda Khurd, Gian resident of Samrari, Pappu resident of Saifabad and Onkar Singh alias Omi resident of Garha ran away towards the fields through the conductor window. The said absconding persons were identified by ASI Subhash Bath. The person sitting on the driver seat and the person sitting on the rear seat in the vehicle were apprehended by the Police party, who on interrogation told their names as Jasbir Singh alias Sheera son of Madho Singh, resident of Jajja Khurd, Police Station Phillaur and Hardeep Singh alias Deepa son of Harbhajan Singh resident of Mehngrowal Police Station Mahilpur District Hoshiarpur. SI/SHO asked both of them turn by turn that there is some intoxicant substance lying in the truck, as to whether they wanted to get the search of the truck conducted from any Gazetted Officer or any Magistrate. On this they expressed their desire for conducting search of the truck from any Gazetted Officer. Accordingly, their dissenting memos were prepared. Through wireless Sh. K.S. Dhillon, D.S.P. Phillaur was informed to reach at the spot, who after some time reached there. He disclosed his identity and status to both the accused and asked them as to whether they are willing for the search of their truck bearing No. PIB -7937 from him or from any Magistrate. Both of them reposed confidence in him and agreed for the search of the truck from him. Then in accordance thereof, the memos with regard to their consent were prepared which were signed by them and attested by witnesses. Thereafter the search of the truck of the accused was conducted as per the direction of the DSP and during search, 9 bags containing poppy husk covered under the tarpaulin were recovered from the body of truck. Two samples of 250 grams each were separated from each of the recovered bags. On weighment, the remaining contents of each bag came out to be 35 kilograms. The sample parcels and the 9 bags containing remaining poppy husk were sealed by the IO with his seal bearing impressions 'GS' as well as with the seal of the DSP bearing impressions 'KJS'. Separate sample seal was also prepared. Thereafter, all the 18 sample parcels and the 9 bags duly sealed along with abovesaid truck and tarpaulin were taken into police possession vide a memo. The Investigating Officer handed over the seal after its use to ASI Surinder Pal Singh. Accused could not produce any license for keeping abovesaid bags of poppy husk in his possession. Accordingly ruqa was sent to Police Station on the basis of which, the instant case under Section 15 of the Act was recorded. During search of accused Jasbir Singh, Smack was recovered from the right pocket of his trouser (Paijama) regarding which separate proceedings were initiated. Site plan of the place of recovery was prepared. Statements of witnesses were recorded. Sample parcels were sent to the office of Chemical Examiner, Punjab, Chandigarh. On completion of investigation as well as on receipt of Chemical Examiner Report, challan was presented in the Court of learned Judge Special Court, Jalandhar against the abovesaid accused who were apprehended at the spot.

(3.) COMPLIANCE of provision of Section 207 Cr.P.C. was duly made and finding a prima facie case under the 15(c) of the Act, accused was charge -sheeted accordingly, to which he pleaded not guilty and claimed trial.