BHOLA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants have preferred this appeal impugning judgment and order dated 05.06.2013 passed by learned Judge, Special Court, Sri Muktsar Sahib whereby they have been convicted and sentenced to undergo rigorous imprisonment for two months each, besides, pay a fine of Rs. 2,000/- each for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

(2.) As per the prosecution version, ASI Duli Chand alongwith other police officials was present at chowk Berian Wala in the area of village Mann on 27.07.2006 in connection with the Nakabandi. A car bearing registration No.PB-08-3326 being driven by appellant Bhola Singh came from the side of village Badal. It stopped on signalled being given to do so. Appellant Karamjit Singh was sitting on the front passenger seat. On suspicion of their carrying contraband, they were apprised of their rights to be searched before a gazetted officer or a Magistrate. Both the appellants reposed faith in the Investigating Officer. An attempt was made to join independent witness but none was available. Both the appellants signed on the consent memos Ex.P3 and P4, respectively. Memos were attested by HC Sukhwinder Singh and HC Baldev Singh.

(3.) On search of the car, one plastic bag containing poppyhusk was recovered. On weighment, 5 Kg. poppyhusk was recovered from the boot of the car. 250 grams poppyhusk was taken as a sample. Separate parcels were prepared with seal bearing impression 'DC'. Specimen seal was also prepared and was handed over to HC Sukhwinder Singh. Case property was taken in possession vide memo Ex.P7. The car and its RC (Ex.P6) were also taken in possession. Ruqa (Ex.P8) was sent to the police station on the basis of which FIR No.191 dated 27.07.2006 (Ex.P9) was registered. Entire case property was produced before the SHO ASI Harjinder Singh (since deceased). He interrogated the appellants and sealed the parcels with his seal bearing impression 'HS' and case property was taken in possession vide memo Ex.P14. Appellant and case property was produced before the learned Illaqa Magistrate on 28.07.2006. On return to the police station, case property was deposited with MHC Nirbhai Singh. Special Report (Ex.P23) was sent to DSP Manjit Inder Singh Bal. As per the Chemical Examiner's report (Ex.P15), material recovered from the appellants was detected to be poppyhusk. Case property was disposed of by the Disposal Committee vide order, Ex.P16. The car in question stood in the name of one Balbir Singh son of Mukand Singh, who sold the same to appellant Karamjit Singh (Ex.P18). On completion of investigation, Challan/report under Section 173 Cr.P.C. was presented. Charge was framed against the appellants to which they pleaded not guilty and claimed trial.