AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 09.10.2003, passed by the learned Judge, Special Court, Nawanshahr, vide which accused -appellant Amar Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after called the 'Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) AS per the prosecution case, on 21.11.1997, SI Surinder Mohan, the Investigating Officer of the case, along with other police officials was present at the bridge of the drain in the area of village Bhoran in connection with Nakabandi (interception). At about 3:00 P.M., they intercepted one tanker which was coming from the side of village Bhoran. The driver of the tanker after stopping the vehicle, suddenly jumped out of it and took to heels towards right side by taking cover of elephant -grass on the bank of the drain and was successful in slipping away. The accused -appellant was sitting on the front seat by the side of the driver. He also jumped from the tanker and tried to slip away but was apprehended by the Investigating Officer with the help of other police officials. From the seat of the tanker one driving licence bearing No. 14320/91 was found which was in the name of Bhupinder Singh son of Hazara Singh, resident of village Gandhanpur, Katak (Orissa). Accused -appellant identified the photograph of the said licence holder to be that of Bhupinder Singh alias Kala, who was his younger brother. By chance, one Mohan Lal son of Chanan Ram, resident of village Mohalon came there and showed his willingness to join as a public witness. He was accordingly joined. The accused -appellant was given option to get the search of the tanker conducted before the Investigating Officer or a gazetted officer or a magistrate but he reposed confidence in the Investigating Officer vide his consent memo Ex. PN. On checking, it was found that the tanker was having four separate holes which were covered with lids. The lids were opened. The first and fourth holes were empty, however, the second and third holes were containing bags of poppy husk. The bags were removed from the holes and brought down on the ground. The bags were 10 in number. A wireless message was sent to Shri Harmail Singh DSP, requesting him to come at the spot. In the presence of the DSP, the Investigating Officer conducted the search of the bags and it were found containing poppy husk. 250 grams of poppy husk was separated from each bag as sample and on weighment, the residue came to be 40 kilograms and 750 grams in each bag. The samples as well as residue were sealed in separate parcels with the seals bearing impressions 'SM' and 'HS' of the Investigating Officer and the DSP, respectively. All the articles were taken into possession vide recovery memo Ex. PA. The seal of the Investigating Officer after use was handed over to HC Sarwan Dass whereas the DSP kept his seal with him. Driving licence of co -accused Bhupinder Singh was taken into possession vide recovery memo Ex. PE. Ruqqa Ex. PG was sent to the police station. On the basis of which, formal FIR Ex. PH was registered. The Investigating Officer prepared the site plan Ex. PL of the place of recovery. Accused -appellant was arrested vide memo Ex. PK.

(3.) CO -accused Bhupinder Singh, the driver of the tanker could not be arrested despite repeated efforts and ultimately he was got declared as proclaimed offender. After completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here -in -after called 'Cr.P.C.') was presented in the Court.