ROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated September 28, 1993, passed by the Additional Sessions Judge, Sangrur, whereby the appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and has been sentenced to undergo rigorous imprisonment for 15 days and to pay a fine Rs. 5,00,000/-, in default of payment of which to undergo further rigorous imprisonment for five years. His co-accused and real brother Avtar Singh has been aquitted on account of his identity having been not established.

(2.) THE prosecution case is that on 25.7.1990, S.I. Bikramjit Singh, S.H.O., Police Station, Sherpur (P.W. 2), along with other police officials, was holding a naka on the bridge over the canal drain in the area of village Mahmadpur. One Nirbhai Singh of village Poorgarh, while coming from the side of village Kuthala, joined them. At about 9.45 p.m., a truck bearing registration No. PUL-9965, came from the side of village Mahmadpur. On a signal given by S.I. Bikramjit Singh (P.W.2), the truck was stopped. The appellant was on the wheel of the truck, his co-accused Avtar Singh jumped out of the truck from its left side and escaped under the cover of darkness. S.I. Bikramjit Singh told the appellant that he had a suspicion that the bags loaded inside the truck contained poppy husk and that he wanted to conduct personal search as well as the search of the truck. He also gve an offer to the appellant, if wanted, the said search could be conducted before a gazetted officer or a Magistrate, on which the appellant expressed his desire to be searched before a gazetted officer. On wireless message, Shri Durga Dass, D.S.P. (now deceased) reached the spot and made neccessary enquiries from the appellant. Thereafter S.I. Bikramjit Singh conducted search of the said truck which was found to be loaded with 100 bags. These bags were found to contain poppy husk, each weighing 40 Kgs. Two samples weighing 250 grams each were separated from each of the 100 bags. The samples and all the gunny bags containing the remaing poppy husk were then sealed by the said Sub- Inspector with his own seal. The sealed samples and the gunny bags along with the tarpaulin, a rope and the truck were taken into possession vide memo Exhibit PA which was attested by Shri Durga Dutta, D.S.P. also. Specimen of the seal was prepared separately and the seal after use was handed over to A.S.I. Swarn Singh, a member of the Police party. Ruqa Exhibit PB was sent to the police station, on the basis of which formal FIR-Exhibit PB/1 was recorded. Case property was deposited with the M.H.C. On enquiry from the appellant, the name and whereabouts of his co-accused Avtar Singh were revealed. The said co-accused has surrended on 7.9.1990 before the Court of the Judcial Magistrate and he was arrested in the present case on 8.9.1990. The samples were sent for chemical analysis and the report-Exhibit PD was received from the Forensic Science Laboratory, Punjab, Chandigarh.

(3.) IN their examination under section 313 of the Code of Criminal Procedure, both the accused denied the allegations of the prosecution and pleaded that they had been falsely implicated. According to the appellant, he was arrested by the police at Sherpur on 22.7.1990 and was kept in illegal custody till 26.7.1990. He then stated that he had parked this truck in the house of his relation Major Singh, son of Kartar Singh of village Burajkalaran and a D.S.P. had raided that house on 16.7.1990 and had taken away the said truck belonging to him. He further stated that Major Singh had sent telegrams to various higher authorities and similar telegrams were also sent by his co-accused, his real brother Avtar Singh. He further explained that one Mohinder Singh of Truck Union, Hathoor, was inimical towards him and his brother, whereas D.S.P. Durga Dass, Malerkotla, was very close to said Mohinder Singh and it was for this reason that they had been falsely implicated in this case. Avtar Singh, co-accused, adopted this plea put forward by the appellant.