PARMOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 21.01.2005 passed by the learned Judge, Special Court, Sangrur, vide which accused-appellants Parmod Kumar and Shammi Singh have been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and the order on quantum of sentence of the even dated, vide which both the appellants have been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, each, in default of payment of fine, to further undergo rigorous imprisonment for one year each.

(2.) As per the prosecution case, on 25.09.2003 PW9 SI Deepak Rai, (the Investigating Officer) along with police employees was present in a private vehicle on the bridge of minor canal link road, Neelowal (Sunam) in connection with patrolling and checking of vehicles. Jagmail Singh son of Pritam Singh, met the police party. S.I. Deepak Rai was talking with him, in the meantime an esteem car bearing registration No.DL-3 CC 3974 colour white came there from the side of village Neelowal. The Investigating Officer signalled the driver of the car. The driver of the car stopped the car. Two persons were occupying the said car. On asking, driver of the said car disclosed his name as Shammi Singh son of Sohan Singh, resident of Lohara, P.S. Lambi, Distt. Mukastar. The person, who was sitting on the rear seat of the car disclosed his name as Parmod Kumar son of Mool Chand, resident of Ansasar, P.S. Jhunjhunu (Rajasthan). The Investigating Officer asked them one after the other that he was suspecting some intoxicant in the car, so search was to be conducted. If they wanted, a Magistrate or a Gazetted Officer could be called at the spot for the purpose of search. Vide their consent memo Ex.PG and Ex.PH, they opted their search in the presence of some Gazetted Officer. PW8 Kuldeep Singh Deputy Superintendent of Police, Sunam was called at the spot. In his presence, the dicky of the car was searched and four bags containing poppy husk were recovered. Two samples of 250 grams each out of each bag were separated. The remaining poppy husk was weighed and found to be 32 Kg. All the sample parcels and four bulk parcels were sealed by the Investigating Officer bearing seal impression 'DR'. All the sealed parcels, sample seal chit and esteem car bearing No.DL-3CC-3974 were taken into possession vide separate recovery memo Ex.PL. Seal after use was handed over to ASI Kirpal Singh. All the parcels and recovery memo were attested by the DSP. Ruqqa Ex.PO was sent to police station. On the basis of which, formal FIR Ex.PO/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PQ.

(3.) On return to the police Station, accused, witnesses and the case property were produced before Inspector Harinder Singh the SHO, P.S. Sunam, who verified the recovery. He put his seal on the parcels of the case property and sample seal chit. Case property was deposited with the Moharir Head Constable. The accused were arrested. Sample parcels were sent to the Chemical Examiner, Punjab for examination. On receipt of the report of the FSL Ex.PD and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.') was presented in the Court.