JAND SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The aforesaid two appeals have been directed against the judgment of conviction dated 2.7.2010 rendered by the learned Judge, Special Court, Kapurthala whereby the appellant-accused Jhand Singh and Ajmer Singh were convicted for committing an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter mentioned as the Act), whereas Lakhwinder Singh was acquitted for the reason that the prosecution has failed to prove its case against him beyond any shadow of reasonable doubt. Vide order of sentence of the even date, both the appellants were sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1.00 lac each and in default of payment of fine to undergo further rigorous imprisonment for a period of 11/2 years each for the offence under Section 15 of the Act.

(2.) Briefly, prosecution case is like this: that on 2.8.2007, DSP Balbir Singh received a secret information that Lakhwinder Singh @ Lakha and Jhand Singh son of Deva Singh indulge in the business of sale of poppy husk on a large scale. They bring poppy husk from Gwalior and supply the same in different cities of Punjab. That day, both of them were bringing poppy husk by truck bearing fake registration No.PB-08-AD-7902 by keeping the same under the bags of "mausmis". They are coming from the side of Kartarpur and going towards the area of Begowal-Bholath to supply poppy husk. In case, a nakabandi at 'Bein bridge' in the area of Bholath is laid, they can be apprehended red-handed. Finding this information reliable, DSP sent information to SSP, Kapurthala through HC Puran Singh. Ruqa Ex.PH was sent to the Police station for registration of the case against the accused through constable Gurmit Singh, on the basis of which formal FIR Ex.PB was recorded. Memo Ex.PC was prepared by DSP Balbir Singh for conducting the search without obtaining the warrants and sent the same to Court through Constable Gurvinder Singh. DSP reached the spot, i.e., 'Bein bridge' Bholath where SHO Gurbachan Singh along with police party reached. Ranjit Singh son of Darshan Singh was joined in the investigations of this case. At about 10 pm, one truck bearing registration No.PB-08-AD-7902 was seen coming from the side of Kartarpur. SHO gave signal with the help of torch to stop the truck. The truck came to a halt. Ajmer Singh (accused) was driving the aforesaid truck and Jhand Singh (acused) was sitting on the co-driver seat. DSP disclosed his identity to the accused and told them that he was having suspicion that they were in possession of some contraband. He also apprised them of their legal right of search by a Gazetted Officer or a Magistrate. However, the accused reposed confidence in the DSP. Their consent memo Ex.PD and Ex.PE were prepared. The same were signed by the accused besides witnesses on the direction of DSP. Inspector Gurbachan Singh conducted search of the truck whereupon 39 gunny bags containing poppy husk were recovered as the same were lying under the bags of 'mausmis'. All the bags were unloaded from the truck. Inspector Gurbachan Singh separate two samples of 250 grams each from each of the recovered gunny bags of poppy husk. On weighment, the remainder was weighed to 35 kilograms in each bag. All the aforementioned samples as well as 39 gunny bags were converted into parcels and sealed with the seal bearing impression 'BS' and the same were taken into police possession vide memo Ex.PF. Form No.29-C was also prepared at the spot. Seal after use was handed over to Ranjit Singh PW. CFSL form was also taken into possession vide aforesaid memo. Rough site plan of the place of occurrence was prepared as Ex.PG. 70 bags of 'mausmis' were also taken into police possession vide memo Ex.PH. Statements of witnesses were recorded. Accused Jhand Singh and Ajmer Singh were arrested. Accused as well as the case property were handed over to Inspector Gurbachan Singh who handed over the same to the MHC of the Police Station. On the next day, Inspector Gurbachan Singh took the case property from the MHC of the Police Station and produced the same along with the accused before the Ilaqa Magistrate, Kapurthala in compliance with the provisions of Section 52-A of the Act.

(3.) Finding prima-facie case against the accused, they were charge sheeted for offence punishable under Section 15 of the Act, to which they did not plead guilty but claimed trial.