RANJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of our shall dispose of both the appeals arising out of the same judgment of conviction dated 7.11.2011 vide which both the appellants were held guilty and convicted for the offence punishable under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and the order of sentence of the even dated vide which they have been sentenced to undergo rigorous imprisonment for a period of 12 years each and to pay a fine of Rs. 1,20,000/ - each. In default of payment of fine to further undergo simple imprisonment for a period of one year each.

(2.) BRIEFLY stated the facts of the prosecution case are that on 23.6.2007, PW -4 Sub Inspector Harvinderpal Singh posted at Special Narcotic Cell, Punjab, Amritsar, was present in his office. He received the secret information against the appellants indulging in the smuggling activities. He also received the secret information that the appellants along with Harbhajan Singh were present in the area of car parking of City Centre opposite Bhagat Puran Singh Pingalwara situated near Bus Stand in connection with deal of heroin and if raid is conducted they can be apprehended with large quantity of heroin. The Investigating Officer brought this information to the notice of Sh. Tulsi Ram, SSP Special Narcotic Cell, Punjab, Amritsar and on his directions, he along with SI Balbir Singh, ASI Nirmal Singh, ASI Satnam Singh raided the disclosed place. The accused were noticed standing near the Fuji Colour Lab situated in City Centre Complex who on seeing the police party acted haphazardly, two of them were able to escape the police net and appellant -Roshan Lal along with bag was apprehended at the spot. He also disclosed the identification of the persons who had fled away from the spot after throwing the bag as Harbhajan Singh son of Piara Singh and Ranjit Singh alias Rana (appellant) son of Harbhajan Singh, both the residents of Havelian. Sub Inspector Harvinderpal Singh disclosed his identity to the accused suspecting the narcotic substance in the possession of appellant -Roshan Lal. He apprised him of his legal right to be searched in the presence of any Gazetted Officer or any Magistrate. Accused desired for the presence of any Gazetted Officer at the time of making his search. The memo to this effect was prepared. The Investigating Officer requested DSP Rajpal Singh to reach at the spot. In the meantime, Jasbir Singh, the independent witness, was also associated in the investigation. DSP Rajpal Singh arrived at the spot. He was briefed about the facts of the case and was introduced to the witnesses. DSP Rajpal gave his introduction to appellant -Roshan Lal. He also apprised the appellant of his legal right for his search to be conducted in the presence of any Gazetted Officer or the Magistrate. Appellant -Roshan Lal reposed confidence in DSP Rajpal Singh. The consent memo to this effect was prepared. On the direction of the DSP Rajpal Singh, the search of the bag of accused was carried out which resulted in the recovery of two packets of heroin. 5 grams each were separated from each packet of heroin and the remaining heroin came to 995 grams each. The separate sealed parcels of the samples and the parcels containing remaining heroin were prepared and were sealed with the seals impression bearing 'HS' of the Investigation Officer and 'RS' of the DSP. On the further direction of the DSP, the Investigating Officer carried out the search of the bag thrown by appellant -Ranjit Singh and Harbhajan Singh (since declared as proclaimed offenders) and three packets containing heroin were recovered from the said bag. Three samples of 5 grams each were separated from each packet of heroin. The remaining heroin came to 995 grams each. The separate sealed parcels of the samples and remaining heroin were prepared and were sealed with the seals bearing impression 'HS' and 'RS'. The parcels of the case property were taken into possession. The Investigating Officer sent ruqa Ex. PL to the Police Station A -Division, Amritsar on the basis of which the formal FIR Ex. PM was registered. He also prepared the rough site plan of the place of recovery. Accused appellant Roshan Lal was arrested.

(3.) LATER on appellant -Ranjit Singh was also arrested and supplementary report under Section 173 Cr.P.C. was presented against him.