DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant faced trial along with 7 others for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in FIR No. 109 dated 31.10.1998, Police Station Sadar, Nabha. One of the accused person, namely; Darshan Singh had died and 6 others were acquitted by the trial court finding the charge against them to be doubtful as their identity was not established. It is to clarify that it was only the appellant who was apprehended at the spot and his associates fled from there. The vehicle in which the accused persons were travelling was Tata 709 No. RJ -14 -G -4537, loaded with 7 bags of poppy husk each containing 37 kgs. of the commodity. The vehicle was intercepted by the police party on 31.10.1998 and on the disclosure statement made by the appellant while in custody, 6 more bags of poppy husk each containing 35 kgs. of the quantity were also recovered. This is how the charges under two heads were framed. The trial ended in conviction of the appellant for offence under Section 15 of the Act on both the counts. Learned trial Court awarded him sentence to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to further undergo rigorous imprisonment for a period of two years.

(2.) THE prosecution story, briefly stated, is that SI Karansher Singh, Incharge of CIA Staff, Nabha was holding Nakabandi (picketing) at T -Point Nabha -Kakrala Road, Near Grid Station. Rachhvinder Singh S/o. Darbara Singh resident of village Rohti Channa came there. The police party was having conversation with aforesaid Rachhvinder Singh that at about 2.00 p.m. Tata 709 No. RJ -14 -G -4537 was seen coming from the side of Nabha Town. The driver stopped the vehicle at a distance of about 30 yards from the police party on seeing the police party. The driver and 7 other persons riding in the truck alighted and tried to run away but they were chased by the police party. Out of them, appellant was apprehended at the spot and rest of the persons escaped the police net. The appellant gave the names and description of his accomplices with driver's name as Ashok Kumar resident of village Behror, District Alwar (Rajashtan).

(3.) A message was sent to Deputy Superintendent of Police (DSP), Nabha Circle and Sh. Gurmit Singh Chohan, Deputy Superintendent of Police, reached the spot in his official vehicle. The DSP introduced himself to the accused -appellant that he was a Gazetted Officer. On instructions of DSP, the vehicle was searched and 7 bags were found loaded in the truck. Two parcels each weighing 250 gms. were separated as samples from each bag and prepared those into sealed parcels. Rest of the commodity in each bag was found to be containing 36.5 kgs. of poppy husk. The sample parcels and rest of the bags were sealed with the seal of Investigating Officer bearing impression 'KS' and the Investigating Officer also prepared sample seal Ex. P -1 separately and after using the seal, the same was handed over to ASI Dalbir Singh. Panchnama Ex. PD for taking into possession the case property was prepared. On personal search of the accused, an amount of Rs. 160/ - was recovered for which separate memo Ex. PE was reduced into writing.