BALWANT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN view of commonality of facts and circumstances involved therein and having arisen from a common judgment of conviction and order of sentence dated September 29, 2009 whereby learned Judge, Special Court, Jalandhar (here -in -after referred to as 'the trial court') has convicted and sentenced Balwant Singh and Sukha (here -in -after referred to as 'the appellants') to rigorous imprisonment for a term of twelve years and fine amounting to Rs. 1,00,000/ - and in default of payment of fine to further rigorous imprisonment for a term of one year, each, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred to as 'the Act'), Criminal Appeals No. 880 and 971 of 2009, brought by the above said appellants, are proposed to be disposed of by this common judgment.

(2.) CONSPECTUS of events leading to the instant appeals, stated in brief, indicates that while present at Bus Stand, Mehatpur in the company of a police party at or around 06.00 a.m. on June 11, 2008, Inspector Kulwinder Singh (PW2) (here -in -after referred to as 'the investigating officer') received a secret information that the appellants, who were jointly engaged in sale of poppy husk, were bringing poppy husk in a canter bearing registration No. HR 55 2712 and if a picket was laid at T -point of village Bille, huge quantity of poppy husk was likely to be recovered. Wasting no time, investigating officer, accompanied by the police party, reached T -point of village Bille, laid a picket there and started checking the vehicles passing by. Parminder Singh (PW) happened to reach there and was associated with the police party. After a while the canter bearing registration No. HR 55 2712 came from the side of Jagraon bridge and stopped a little away from the police picket. One person, who was identified as Mukhtiar Singh @ Mukha son of Kashmir Singh @ Kashmira resident of Baghela, Police Station, Mehatpur, jumped from the rear side of the canter and made good his escape. Investigating Officer, with the assistance of his fellow police officials, nevertheless, was able to apprehend appellant Sukha, VIRENDRA SINGH ADHIKARI 2015.05.04 13:06 I attest to the accuracy and authenticity of this document High Court Chandigarh who was occupying driver's seat and had vainly attempted to flee, and appellant Balwant Singh @ Bant, who was sitting on the seat by the side of driver's seat; told them that the canter in their possession was suspected to carry some narcotic substance and was liable to be frisked; and asked them if they wanted the frisking of the canter to be conducted by him or by a gazetted officer or a Magistrate. Appellants opted to have the canter frisked by a gazetted officer. Memoranda, Exhibits PD and PE were accordingly recorded. On being requested, Dy. S.P. Harinderpal Singh (PW1) reached the spot and after being apprised of the facts of the case by the investigating officer, asked the appellants if they wanted frisking of the canter to be conducted by him or by some other gazetted officer or a Magistrate. Appellants opted to get the canter frisked by him. Memoranda, Exhibits PA and PB were recorded in this regard. Under the instructions of Dy. S.P. Harinderpal Singh (PW1), investigating officer frisked the canter in the presence of witnesses and recovered fifteen gunny bags of poppy husk (having their openings stitched) from hind cabin thereof; separated two samples of 250 grams each from each bag; and put the samples so separated in parcels. Remainder weighed 34 kilograms and 500 grams each bag. Investigating officer sealed the parcels containing samples and the bags containing the remainder, with his seal bearing impression "KS". Dy. S.P. Harinderpal Singh also affixed his own seal bearing impression "HS" on sample parcels and the bags containing the remainder. Sample seals were separately prepared. Investigating officer handed over seal after use to ASI Manohar Singh (PW5) while Dy. S.P. Harinderpal Singh retained his seal with himself. Investigating officer took in police possession the sealed sample parcels, Exhibits P2 to P16, sealed the bags of remainder, Exhibits P33 to P47, as also the canter, vide memorandum, Exhibit PC; arrested the appellants vide memoranda, Exhibits PG and PF; frisked appellants' persons vide memoranda, Exhibits PG/1 and PF/1; sent intimation (Ruqa), Exhibit PH, to the police station -whereupon a formal First Information Report (FIR, for short), Exhibit PH/1, was recorded by ASI Kewal Singh; recorded statements of witnesses; prepared rough site plan, Exhibit PJ, of the place of recovery; and on return to the police station produced the appellants and the case property before SI Darshan Singh, the Station House Officer, who verified the facts, affixed his own seal on sample parcels and bags, as also on sample seal form, Exhibit P1, and deposited the case property with MHC Harbhajan Lal (PW3). On the following day, i.e. June 12, 2008, investigating officer withdrew the case property from Police Malkahana and the appellants from police lock up and produced them before learned Duty Magistrate at Nakodar who drew representative samples, Exhibits P17 to P31, each weighing 250 grams, from the bags of remainder poppy husk; sealed them with his seal bearing impression "AK"; and on police request, Exhibit PK, passed order Exhibit PK/1, certifying the inventory prepared by the investigating officer to be correct and directing disposal of the remainder poppy husk as per rules. One set of sample parcels was sent to Chemical Examiner through Constable Prem Chand (PW6) and a report, Exhibit PL, confirming that the contents of sample parcels were poppy heads, was received from the Chemical Examiner. On conclusion of investigation a report in terms of sub -section (2) of Section 173 of the Code of Criminal Procedure, 1973 (here -in -after referred to as 'the Code') was presented before the learned trial court.

(3.) TO prove the charge against the appellants, prosecution examined investigating officer, Inspector Kulwinder Singh as PW2, Dy. S.P. Harinderpal Singh as PW1, ASI Manohar Singh, a witness of recovery, as PW5, the then Station House Officer, SI Darshan Singh as PW4, HC Harbhajan Lal, who kept the case property in safe custody and handed over one set of sample parcels to Constable Prem Chand, as PW3 and Constable Prem Chand, who took the sample parcels to the office of Chemical Examiner, as PW6.