RAJ KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine shall dispose of all the four appeals mentioned above, which have been presented by appellants Raj Kumar alias Raj, Balbir Kaur alias Biro, Sukhwinder Kaur and Sukhwinder Singh against the same judgment of conviction dated 16.01.2009, passed by the learned Judge, Special Court, Ludhiana, vide which all the four appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after 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 rigorous imprisonment for a period of six months, each.

(2.) THE brief facts, giving rise to this prosecution, are that on 02.05.2007, PW 3 Sub Inspector Rajesh Kumar (the Investigating Officer of the case), who was posted in Anti Narcotic Staff, CIA Staff, Ludhiana, under supervision of Inspector Devinder Singh, along with other police officials was present at the canal bridge of village Jaspal Bangar in government and private vehicles in connection with patrolling and checking. Inspector Devidner Singh held Naka on the road leading from Ludhiana to Doraha, whereas the Investigating Officer along with other police officials was present on the road, other side of the canal, going to village Jaspal Bangar. In the meantime, an Ambassador car bearing registration No. HR -03C -1611 came from the side of village Jaspal Bangar. The car was intercepted. It was being driven by accused -appellant Sukhwinder Singh. Accused -appellant Raj Kumar alias Raj was sitting by side of Sukhwinder Singh, the driver. Accused -appellants Balbir Kaur alias Biro and Sukhwinder Kaur were sitting on the rear seat. In the meantime, one person namely Jaspinder Singh son of Santokh Singh, resident of Pakhowal Road came there. He was joined as a witness in the police party. The Investigating Officer suspected some contraband in the car and wanted to search the car. 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. But the accused -appellants reposed confidence in SI Rajesh Kumar and opted to be searched by him. Their consent memos Ex. PB, Ex. PC, Ex. PD and Ex. PE were prepared. Then the search of the car was conducted. On the back seat near the feet of the ladies, 20 packets were lying. When headlights were opened, 14 packets were found lying from the cavity under each head -light and from the cabin in the dicky, 60 packets were recovered. Total 108 packets were recovered. The packets were opened and they were found containing poppy husk. All the packets were opened and the contents thereof were made homogenous. Out of the bulk, two samples of 250 grams each were taken out and remaining poppy husk was put into four bags weighing 35 kilograms each. The samples as well as the residue were converted into parcels and sealed with seal bearing impression 'RK'. Sample seal Ex. P1 was separately prepared. The case property was taken into police possession vide memo Ex. PF. Parcel of empty bags was also prepared and sealed with seal of 'RK'. This parcel along with the car, registration certificate and driving licence were taken into possession vide memo Ex. PG. The accused were arrested. Ruqqa Ex. PS was sent to the police station. On the basis of which, FIR Ex. PS/1 was registered. The Investigating Officer also prepared the site plan Ex. PT of the place of recovery.

(3.) THE accused -appellants were charge -sheeted for the offence punishable under Section 15 of the Act vide order dated 12.01.2008, to which, they pleaded not guilty and claimed trial.