JEETA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 07.11.2005, vide which both the appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order of sentence dated 08.11.2005, vide which both the appellants were sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. One lac each, in default of payment of fine they were ordered to further undergo rigorous imprisonment for a period of one year each.

(2.) THE brief facts of the prosecution case are that on 22.05.2003, PW -3 ASI Manjit Singh alongwith other police employees was returning from village Danewala, Satkossi and Bakainwala and when the police party was present at bus stand of village Danewala, Baljinder Singh (DW -2), the private witness met them. He was also joined in the police party. The police party held Naka at Chowk of village Danewala and started checking of the vehicles. At about 8.30 a.m., one Tata Sumo jeep bearing registration No. DL -6 -CA -2625 came from the side of Hindu Mall Kot. It was signaled to stop. The appellants, who were traveling in the said jeep tried to escape. But, they were nabbed by the police officials. Appellant -accused Jeeta Singh was driving the jeep and appellant Sodhi Singh was sitting by his side. ASI Manjit Singh told them that he suspected some intoxicant material in their jeep and it was to be searched. He apprised them of their legal right for the search in the presence of some Gazetted Officer or a Magistrate. But, the appellants reposed confidence in ASI Manjit Singh and opted their search by him regarding which the consent memo was prepared, which was duly signed by both the accused and the witnesses. ASI Manjit Singh carried out the search of Tata Sumo, from which two bags containing Poppy Straw was recovered. One sample of 250 gm was separated from each bag and the remainder poppy husk came to 30 kg in each bag. The sample parcels and the remaining bulk contained in the bags were sealed by ASI Manjit Singh with his seal bearing impression 'MS'. He also prepared the sample of the seal. The seal after use was handed over to HC Hardev Singh. The aforesaid case property was taken into possession by the Investigating Officer vide separate recovery memo. The accused were arrested. The Investigating Officer prepared the site plan of recovery. He sent the ruqa/written information to the Police Station. On the basis of which formal FIR was registered.

(3.) BOTH the appellants were charge sheeted for the offence punishable under Section 15 of the Act, to which they pleaded not guilty and claimed trial.