GURCHARAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this appeal, appellants -accused assailed the judgment of conviction dated 28.10.2003 and order on sentence of the even date, rendered by Sh. A.K. Mehta, the then Special Judge, Ferozepur, whereby both the appellants -accused were convicted for keeping in their possession 25 bags of poppy husk, each bag containing 40 KG and 100 grams of poppy husk, without any permission or licence, thereby committing offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) AS per prosecution case, on 07.06.1995, SI/SHO Major Singh along with police officials, under the supervision of Hoshiar Singh, DSP, Zira was holding a Nakabandi at Bridge Canal Minor in the area of village Cheema on metalled road leading from Jalalabad (East) to Kot Isse Khan. At about 2.15 AM, a truck bearing No. DIG 5445 was seen coming from the Jalalabad side which was signalled to stop. It was being driven by appellant -accused Gurcharan Singh alias Jalour Singh whereas appellant - accused Sukha Singh was sitting on the bags loaded in truck. He tried to escape but was apprehended. Both the appellants -accused gave their identities to the Investigating Officer. The truck was loaded with gunny bags. Suspecting poppy husk in the bags, Investigating Officer took the search of the aforesaid gunny bags in the presence of DSP Hoshiar Singh and recovered 25 bags of poppy husk. 100 grams of poppy husk was separated as samples from each bag. Remainder was weighed to 40 KG. All the samples and remainder poppy husk in each bag were separately sealed with the seal of 'MS' and then the same was taken into police possession, vide memo Ex. P2/A. This memo was attested by DSP Hoshiar Singh and sample Ex. P1/A was separately prepared. Seal, after use, was handed over to ASI Sanjeev Singla. Ruqa, Ex. P6, was sent to police station for registration of the case whereupon formal FIR, Ex. P7, was recorded. Appellants -accused were arrested. Rought site plan of the place of recovery was prepared as Ex. P8. Statements of witnesses were recorded. On the same day, the accused were produced in the court along with case property before the Ilaqa Magistrate by moving an application, Ex. P9, whereupon Ilaqa Magistrate passed the order, Ex. P10, directing the Investigating Officer to keep the case property in safe custody in the police station. On return to the police station, he kept the case property in safe custody in Malkhana of the police station. Report of the Chemical Examiner was obtained, as Ex. P11, whereby contents of samples were reported as containing poppy head.

(3.) AFTER taking entire prosecution evidence, statements of appellants -accused, under Section 313 Cr.P.C., were recorded, whereby they denied each prosecution allegation appearing against them and pleaded their innocence. The defence of the appellants -accused were that they along with their brother Gurbachan Singh, Harmail Singh and Malkiat Singh, all residents of village Dolewala, picked up by the police of the Police Station - Dharamkot from their houses, were illegally detained. On 07.06.1995, false case was planted against appellants -accused Gurcharan Singh and Sukha Singh whereas others were released. In their defence they examined Raghu Kumar as DW -1, an official from the office of District & Sessions Judge, Ferozepur. He proved the receipt of telegram dated 06.06.1995 in the office of Learned Sessions Judge, Ferozepur. Copy of which is Ex. D2. Satish Kumar, Senior Section Supervisor, Telegraph Office, Ferozepur was examined as DW -2. He deposed that the record regarding telegram is destroyed after every two months. However, he deposed that the attested copies of telegrams are issued by their office. He proved attested copy of telegram, Ex. D3, which was given to the Learned Sessions Judge, Ferozepur and Ex. D4 attested copy of telegram given to DGP, Chandigarh. He also proved receipts of Ex. D5 and Ex. D6 whereby payment regarding aforesaid telegrams was made to the Telegraph Office. Gurbachan Singh son of Narain Singh, who gave the aforesaid telegrams, was examined as DW -3.