AVTAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of all the three appeals mentioned above, which have been presented by appellants Avtar Singh, Kali Dass alias Kali and Jagtar Singh against the same judgment of conviction dated 14.08.2004, passed by the learned Judge, Special Court, Ludhiana, vide which all the three appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the 'Act') and the order of sentence of the even dated, vide which all the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, each and in default of payment of fine, they were ordered to further undergo simple imprisonment for a period of one year, each.

(2.) The brief facts, giving rise to this prosecution, are that on 25.07.2002, PW6 SI/SHO Waryam Singh (the Investigating Officer of the case), along with other police officials was present on Bahadurke Road. He received a secret information that all the three accused-appellants were coming from the side of Noorwala towards Bahadurke for selling poppy husk. They had loaded the bags of poppy husk in a rehra (cart) attached with a tractor. Then the police party proceeded towards Bahadurke. In the way, prosecution witness Chander Parkash met them and he was also joined in the police party. A Nakabandi was held on the road leading to Noorwala from Bahadurke. All the accused-appellants boarded in a tractor make Escort-335 along with cart, came from the side of Noorwala. The tractor was intercepted. It was being driven by accused-appellant Avtar Singh. Accused-appellants Kali Dass and Jagtar were sitting on the bags loaded in the cart. The Investigating Officer told the accused-appellants that he suspected some contraband in the bags loaded in the cart and he wanted to search the same. He gave option to the accused-appellants as to whether they want to get their search conducted in the presence of some gazetted officer or a magistrate, who can be called. The accused-appellants opted to get their search conducted in presence of a gazetted officer. Their non-consent memos Ex.PA to Ex.PC, respectively were prepared. Request was made to PW5 DSP (R) Manjit Singh Dhesi on mobile phone and he reached at the spot. In presence of the DSP, the Investigating Officer conducted search of the gunny bags, which were 18 in numbers and same were found containing poppy husk. On weighment, each gunny bag was found containing 40 kilograms poppy husk. Out of each gunny bag, two samples of 250 grams each were separated and converted into separate parcels. All the samples and the gunny bags containing the residue, were sealed with seals of the Investigating Officer and DSP bearing impressions 'WS' and 'MS', respectively. Separate sample seal chit Ex.P1 was prepared. Entire case property along with the tractor and cart was taken into police possession vide recovery memo Ex.PG. Ruqqa Ex.PR was sent to the police station through Constable Surjit Ram and on the basis of which, formal FIR Ex.PR/1 was registered. The Investigating Officer also prepared the rough site plan Ex.PS of the place of recovery.

(3.) On returned to the police station, the Investigating Officer produced the accused and case property before ASI Tirath Singh, the officiating SHO, who verified the facts of the case and affixed his seal bearing impression 'TS' on all the parcels and sample seal chit. Then the case property was deposited with the Moharir Head Constable Puran Singh. On the next day, the Investigating Officer took the case property from the MHC and produced before the Magistrate. Thereafter, the case property was again deposited with the MHC. In due course, the sample was sent to the Chemical Examiner, who vide his report Ex.PX, opined that the contents of the sample parcels are of chura poppy heads. On completion of the investigation, the report under Section 173 Code of Criminal Procedure, 1973 (hereinafter referred as the 'Cr.P.C.') was presented in the Court.