SANDEEP SINGH Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) SANDEEP Singh, Sukhwinder Singh and Sarwan Singh were tried by the Judge, Special Court, Chandigarh, for possession of 9 kgs. smack (heroin) which they were transporting in car DL-3-CA-9406 on June 3, 1999 when the car was stopped by the police on the basis of a secret information. The learned Judge Special Court found all the accused guilty under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced them to undergo rigorous imprisonment for 15 years each and pay a fine of Rs. 1 lac each, in default of payment of fine, the accused were to undergo rigorous imprisonment for 2 years.

(2.) ACCORDING to the prosecution, on June 3, 1999 a police party headed by Inspector Jasbir Singh (J.S. Cheema) (PW-5) was present at the small roundabout between Sectors 35-36 in connection with general checking. The other members of the police party were Sub Inspector Bhupinder Singh, Sub Inspector Balwan Singh, ASI Tarsem Singh, HC Mohan Singh, HC Des Raj, HC Bhajan Singh and Constable Rajinder Singh. The police party had travelled in vehicle CH01-G-9691 driven by C. Siri Ram. HC Manmohan Singh and C. Harbhajan Singh were also present.

(3.) ON the basis of this information, Inspector Jasbir Singh immediately sent a report containing the details of the accused, their parentage and addresses to DSP Surjit Singh (PW-2), while he himself got busy in keeping a close vigil on all vehicles approaching Chandigarh. At 4.30 p.m. car DL-3CA-9406 came from Attwa Chowk towards Sector 35-36. The car was being driven by Sandeep Singh. Sukhwinder Singh was sitting on the front seat of the car while Sarwan Singh was sitting on the rear seat. The car was stopped. Inspector Jasbir Singh immediately informed DSP Surjit Singh on telephone and requested him to reach the spot. DSP Surjit Singh reached at 5 p.m. and introduced himself to the accused. Thereafter, the car was searched. Sandeep Singh was found in possession of 1 kg. of smack, Sukhwinder Singh was also carrying one kg of smack. However, Sarwan Singh was carrying 7 packets of smack which on being weighed were found to be 7 kgs.