SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 19.03.2004, vide which appellant -accused Sukhdev Singh @ Sukha along with his co -accused Kulwant Singh @ Kanta have been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order on the quantum of sentence of the even dated, vide which the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac, in default of payment of fine he was ordered to further undergo rigorous imprisonment for a period of one year.

(2.) THE brief facts of the prosecution case are that on 16.03.2001, PW -5 ASI Bakhshish Singh along with the fellow police officials was present at bus stand village Markhai in -connection with checking of the suspected persons. PW -2 D.S.P Hardev Singh along with his staff also arrived at that bus stand and thereafter, on the directions of D.S.P Hardev Singh a 'Naka' was held under his supervision on the Kucha path leading to village Mehar Singh Wala in the area of Village Mian Singh Wala. At about 7.15. p.m., a truck was seen coming from the side of village Markhai. PW -5 ASI Bakhshish Singh signaled the truck to stop with a torch. The driver of the truck stopped the truck bearing registration No. MP -09 -K -5442 at a distance from the 'Naka' party and then the driver of the truck along with the persons sitting in the body of the truck tried to escape on seeing the police party. But, they were apprehended at the spot by the Investigating Officer with the help of other police officials. The driver of the truck disclosed his name as Kulwant Singh @ Kanta. The person who was sitting on the backside of the truck was the present accused -appellant Sukhdev Singh @ Sukha. The Investigating Officer suspected some intoxicant material in the truck bearing registration No. MP -09 -K -5442. D.S.P Hardev Singh disclosed to the accused that he is a Gazetted Officer of the Police department and whether they want to give search of the truck in his presence or some other Magistrate. The accused opted to give the search in the presence of D.S.P. Hardev Singh vide consent memo Ex. P -4. Thereafter, the Investigating Officer carried out the search of the truck under the supervision of PW -2 D.S.P Hardev Singh. 20 gunny bags containing poppy husk were found loaded in the truck under 80 plastic bags of powder. All the bags were unloaded from the truck. The Investigating Officer separated 250 gms of poppy husk from each bag as sample. The remaining poppy husk was weighed, which was found to be 35 kg in each bag. The separate sealed parcels of the samples and the residue poppy husk were prepared. The Investigating Officer affixed his seal bearing impression 'BS' on all the parcels. PW -2 D.S.P Hardev Singh also applied his seal bearing impression 'HS'. The specimen seal impressions were prepared. The articles of the contraband were taken into possession vide memo Ex. P -5. The Investigating Officer sent ruqa Ex. P -11 to the police station. On the basis of which the FIR Ex. P -12 was registered. Investigating Officer also prepared the rough site plan of the place of recovery Ex. P -13. The accused were arrested vide memos Ex. P -9 and Ex. P -10.

(3.) THE present appellant along with his co -accused Kulwant Singh @ Kanta was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 09.07.2001, to which they pleaded not guilty and claimed trial.