KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by accused -Kulwant Singh for challenging the judgment and order dated 3.6.2003 passed by the Judge, Special Court, Mansa whereby he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, here -in -after referred to as "the Act", and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 1,00,000/ -. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of one year.

(2.) THE facts leading to the filing of the appeal are that on the basis of ruqa Ex. PJ sent by Inspector Gurjeet Singh on 29.7.1998 at 10.30 p.m. from village Meerpur Khurd, FIR Ex. PC under Section 15 of the Act was registered at Police Station Sardulgarh against the appellant and one Harcharan Singh. It was mentioned therein that he alongwith SI Balwinder Singh, HC Gurcharan Singh, C -Jaspal Singh, C -Kamaljit Singh, SPO Jaswinder Singh and PHG Ranjit Singh was proceeding on a Government vehicle driven by Constable Harmander Singh towards villages Meerpur Khurd, Tibbi Hari Singh and Meerpur Kalan in connection with patrolling and checking of suspicious persons. When they reached near the bridge of Ghagar drain, he came across Malkit Khan son of Ram Sui, resident of village Sardulgarh, who was joined in the police party. After reaching the bridge, the police party put up a picket on the metalled road. At about 7.30 p.m., a truck came on a link road from the side of village Meerpur. Inspector Gurjeet Singh instructed the police party to stop the truck. SPO Jaswinder Singh gave a signal to the truck driver to stop the truck. It was noticed that the truck was being driven by a young person and one more young person was sitting on the conductor's seat. When the truck stopped, its driver tried to run away. SPO Jaswinder Singh, however, managed to apprehend him at some distance. When asked by Inspector Gurjeet Singh the driver disclosed that he was Harcharan Singh son of Jangir Singh, caste Jat, resident of village Meerpur Khurd. The person, who was sitting on the conductor's seat was also apprehended and on enquiry he disclosed that he was Kulwant Singh @ Manak son of Jeet Singh, caste Rai Sikh, resident of Ranjitgarh Bandran. Inspector Gurjeet Singh told them that he had a suspicion about some narcotic substance being carried in the truck and, therefore, they had a right of their truck being searched by a Magistrate or a Gazetted Officer. Both of them stated that they wanted the search of their truck to be conducted by a Gazetted Officer. Their consent memos. were prepared, accordingly. A wireless message was, thereafter, sent with a request to Shri Mander Singh Sandhu DSP Halqa, Sardulgarh to reach the spot. After some time, DSP Mander Singh Sandhu reached the spot in an official vehicle. In his presence and in the presence of Malkit Khan, Inspector Gurjeet Singh conducted search of the truck bearing registration No. PB -03/2977 and noticed 48 gunny bags lying in its body and covered with polythene. The search of the bags revealed that they contained poppy straw. From each of the 48 bags which were kept in the truck, 100 grams of poppy straw was taken out as sample. On weighing the remainder, each of the 48 bags was found to contain 30 kgs of poppy straw. The sample parcels were sealed with the seal bearing inscription 'GS'. Separate impression of the seal was prepared. The sealed sample parcels and the 48 gunny bags containing poppy straw were taken into possession. The witnesses appended their signatures on the recovery memo. DSP Mander Singh Sandhu also signed the same. The seal after use was handed over to SI Balwinder Singh. Personal search of Harcharan Singh and Kulwant Singh was separately conducted. As the two accused had kept poppy straw in their truck without any permit, they had committed an offence punishable under Section 15 of the Act. Accordingly, ruqa was prepared and sent to the Police Station.

(3.) IN support of its case, the prosecution examined PW1 Des Raj, Junior Assistant, D.T.O., Bathinda, PW2 Shri Vikas Chowdhari, L.D.C., D.T.O., Hanumangarh, PW3 Constable Gurtej Singh, PW4 ASI Rajinder Singh, PW5 SI Balwinder Singh, PW6 Inspector Gurjeet Singh and PW7 Mander Singh Sandhu, DSP. Report Ex. PO of the Chemical Examiner was brought on record by Inspector Gurjeet Singh during his deposition before the trial Court.