KEWAL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH the instant petition, the appellants have laid challenge to the judgment of conviction and sentence passed by the Judge, Special Court, Mansa dated 27.04.2002 vide which they have been held guilty under Section 15 of the Narcotic Drugs & Psychotropic Substances Act(for brevity, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac each. In default of payment of fine, they were sentenced to further undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in nutshell, is that on 03.11.1993 at about 4 p.m., a police party headed by Inspector Budh Singh was on patrol duty in an official mini bus. The Inspector received secret information that a truck bearing registration No. HR01A -8475 loaded with poppy straw and the driver, Kewal Singh was standing near the fields of Buggar Singh and Tarsem Singh, Bhola Singh son of Raghbir Singh were getting the bags unloaded through Bhola Singh son of Jagmail Singh, Buggar Singh and Ajaib Singh. If a raid is conducted then aforesaid persons could be caught. The information was reduced into writing (Ex. PB) and sent to police station for registration of the case, upon which FIR (Ex. PB/1) was registered. Private witness Jagga Singh was joined in the raiding party and it proceeded towards the pointed place. Information was also given to DSP(D), Mansa on wireless. Four persons fled with the truck, on seeing the police party. Buggar Singh and Bhola Singh were found sitting on the stack of bags. They were apprehended. They were given option for their search before the Gazetted Officer. Buggar Singh and Bhola Singh son of Jagmail vide statements, Ex. PC/1 and Ex. PC/2 respectively opted for their search before the Gazetted Officer. DSP(D) Mohinder Singh reached the spot. Search of the bags was carried out in the presence of DSP(DP Mohinder Singh and poppy straw was recovered. A sample of 100 grams was separated from each 24 bags and the remainder on weighment was found to be 34 Kgs and 900 grams each. Sample parcels and bags were sealed with the seal impression 'BS' and were taken into possession vide separate memos, attested by SI Sulakhan Singh, SI Surat Singh and Jagga Singh. The seal after use was handed over to SI Sulakhan Singh. The persons who fled on the truck carrying the remaining bags were identified by Constables Paramjit Singh and Lakhwinder Singh as Kewal Singh, driver, Bhola Singh son of Raghbir Singh, Tarsem Singh and Ajaib Singh.

(3.) ACCUSED Bhola Singh son of Raghbir Singh was arrested on 22.11.1993. On 11.03.1994 accused Ajaib Singh, who was in custody in some other case, was arrested in this case by ASI Mangal Singh. Kewal Singh was arrested on 14.01.1994. Tarsem Singh was arrested on 24.03.1994. His confessional statement was recorded. Initially, a request for conducting test identification parade was made by accused Bhola Singh, upon which Jatinder Singh, Tehsildar Mansa was deputed, but later the accused refused it. On completion of investigation, final report was filed.