KULDIP RAM @ WAKIL RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeals are directed against an order dated 02.07.2010 passed by learned Judge, Special Court, Ferozepur convicting the appellants for an offence under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing them to undergo imprisonment for 12 years each and to pay a fine of Rs.1,00,000/ - each.

(2.) KUNDAN Singh, Assistant Sub Inspector (for short 'ASI')/Station House Officer (for short 'SHO'), Police Station City, Abohar recorded First Information Report (for short 'FIR') on 23.09.2006 on the basis of his statement. The statement is that he along with police officials in a Government vehicle were proceeding from Abohar city side on link road towards Dhani Kamyian Wala in connection with patrolling duty. When the police party was at a distance of half killa behind the bridge of canal minor on the bypass road Ganganagar Fazilka, three persons were sitting holding a bag of black colour on the right side of the link road. On seeing the police party they tried to run away immediately towards the cotton fields and orchard of kinnow. He along with his companions apprehended two of them whereas the third person managed to escape. In the meantime, Bachan Singh, Sarpanch, came at the spot. The apprehended person disclosed his name as Shyam Singh son of Rattan Singh, caste Sondian Rajpoot resident of Bhawrana, Police Station Ziran, District Nimanch (Madhya Pradesh) and second person told his name as Kuldip Ram @ Wakil son of Bagh Ram caste Rajpoot resident of Pishoi Police Station Siwan District Kaithal (Haryana). The name of escaped person, who was said to be known to Head Constable Surinderpal Singh, was Bagga Ram son of Hans Raj, caste Rajpoot, resident of Grain Market, Moga. He informed the apprehended persons that he wanted to make search of their bag but the apprehended persons have a legal right to get the search of the bag in their possession from a Gazetted Officer/Magistrate. With their consent, he conducted their search after preparing consent memos. On search, opium was recovered wrapped in glazed envelope from rexine bag of black colour. Two samples of 25 grams each were separated and put into two plastic containers whereas the remaining opium was found to be 6 Kg 950 Grams which was put into same glazed paper and separate parcels were prepared. The samples were sealed and the seal was handed over to Sub Inspector (for short 'SI') Chhinder Singh.

(3.) ON the basis of statement Ex.P9, FIR Ex.P10 was recorded. On completion of investigation a report under Section 173 Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) was furnished before learned trial Court. The report of Chemical Examiner was also produced in evidence as Ex.P13.