CHAND SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Chand Singh, Sukhpal Singh and Harbhajan Singh were jointly tried by the Special Court, Mansa. They were convicted under Section 15 of the Narcotic and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentenced to undergo 10 years R.I. and to pay a fine of Rs. 1 lac each and in default of fine to undergo a further period of 1 year R.I. each. Accused Chand Singh and Sukhpal Singh have jointly preferred CRA -S -2819 of 2009 and accused Harbhajan Singh who was convicted alongwith the above two accused chose to prefer appeal in CRA -S -2380 -SB of 2009. Accused Gurmail Singh who was charge -sheeted in the same case was tried later on by the Special Court, Mansa and was sentenced to undergo 10 years R.I. and to pay a fine of Rs. 1 lac and in default to undergo a further period of 6 months R.I. He has challenged the conviction and sentence recorded by the trial Court in CRA -S -2665 -SB of 2010.

(2.) IT is the case of the prosecution that on 4.8.2005, when PW5 SI Harvinder Singh alongwith other police officials were engaged in patrolling duty near bus stand at village Barnala, an independent witness Gurjant Singh met him. In the meanwhile, PW5 received a secret information to the effect that Gurmail Singh @ Gela, Harbhajan Singh @ Bhikha and Sukhpal Singh, etc. were bringing a truck of poppy husk for selling the same at Narinderpura. On receipt of this information, he informed PW1 DSP Balbir Singh Khaira over telephone, who also reached the bus stand, Barnala after some time. Thereafter, PW5 alongwith about 10 officers held a naka at canal minor bridge of Narinderpura. A truck bearing registration No.RJ -13 - G -9562 came from the side of village Kulheri. The truck driven by accused Chand Singh was stopped. He made an attempt to run away, but he was apprehended on the spot. Accused Harbhajan Singh, Gurmal Singh and Sukhpal Singh who were sitting on the bags loaded in the truck managed to escape. The identity card of Gurmail Singh which fell down in the truck was recovered. PW1 DSP Balbir Singh disclosed his identity to accused Chand Singh and gave an option to the accused for carrying out his search. Accused Chand Singh reposed faith in PW1. A consent memo Ex.PA was prepared. All the 25 bags in the truck were unloaded. On checking, the gunny bags were found to have contained poppy husk. Out of each gunny bag, 2 samples of 100 gms. each were separated and converted into separate parcels. On weighment, each gunny bag weighed 30 kgs. and the sample parcels and gunny bags which contained the remaining poppy husk were separately sealed and the seal impression 'HS' of PW1 was put on the samples. The seal after use was handed over to independent witness Gurjant Singh. The entire case property including the truck and the identity card of Gurmail Singh was taken into possession vide recovery memo Ex.PB. The same was attested by PW1 DSP Balbir Singh, SI Baldev Singh and the above independent witness Gurjant Singh. Accused Chand Singh was arrested. The case property was kept in the custody of PW5. On the next day, PW5 produced the accused alongwith the case property in the Court of Illaqa Magistrate. The Illaqa Magistrate after breaking open the seals of the gunny bags drew 100 gms. of poppy husk from each bag as representative sample and converted the same into separate parcels. After producing the case property in the Court, PW5 kept the same in his custody.

(3.) TOTALLY , 7 witnesses were examined on the side of the prosecution. The accused set up a plea in their statements under Section 313 Cr.P.C. that they were falsely implicated in the present case.