LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Labh Singh son of Ghumand Singh son of Kishan Singh resident of village Nangal Police Station Nihalsinghwala has filed this appeal against the impugned judgment dated 13.8 2003 and the sentence order dated 14.8.2003 passed by Shri Sukhdev Singh, the then Special Judge, Moga in case. FIR No. 42 dated 8.6.1999 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be briefly referred to as the Act) Police Station Nihalsinghwala. He was convicted under Section 15 of the Act and was sentenced to undergo RI for 15 years and to pay fine of Rs. 1,50,000/- and in default of payment of fine to undergo further RI for one year and six months.

(2.) The prayer made in this appeal is to set aside the impugned judgment of conviction and the sentence order and to acquit the appellant of the charge under Section 15 of the Act by way of acceptance of this appeal.

(3.) The facts of the prosecution case are that on 8.6.1999, Sandeep Kumar Sub Inspector/Station House Officer of Police Station Nihalsinghwala along with other police officials was travelling in official Gypsy No.PB04-3145 from the side of village Takhtpura towards village Nangal for checking suspected persons. When their gypsy reached near bus-stand Nangal, PW Gurmail Singh Sarpanch of village Khai met them and he disclosed to Sandeep Kumar Sub Inspector/Station House Officer that on the previous night at about 10.30 p.m. when he was passing by the side of house of Harjeet Kaur wife of Karnail Singh at village Nangal, he had seen Labh Singh - appellant stacking bags of poppy husk after unloading them from the truck in the 'baithak' of Harjeet Kaur, with whom he was permanently residing. PW Gurmail Singh Sarpanch was joined in the police party. Raid was then conducted at the house of Harjeet Kaur at village Nangal. Labh Singh - appellant was found standing in the door of the house. PW Gurmail Singh Sarpanch pointed out the appellant to be the same person, whom he had seen on the previous night unloading the bags of poppy husk. Sandeep Kumar Sub Inspector apprehended the appellant with the help of other police officials. The name of the appellant, his parentage were got ascertained. Sandeep Kumar Sub Inspector then disclosed the appellant that they had suspicion that he had stacked some bags containing intoxicating substance in the baithak of Harjeet Kaur and that they wanted to search the said baithak. Sandeep Kumar Sub Inspector told the appellant that he had the right to get the search conducted in the presence of some Magistrate or gazetted officer. The appellant desired that the baithak be searched in the presence of some gazetted officer. No other person was present in the house of Harjeet Kaur at that time except the appellant. Consent memo Ex.PD was prepared, which was attested by PWs Dilbag Singh Assistant Sub-Inspector, Balwinder Singh Assistant Sub-Inspector and Gurmail Singh Sarpanch The appellant signed it in Punjabi. Sandeep Kumar Sub Inspector also signed it. Deputy Superintendent of Police, Sub-Division Baghapurana was requested through wireless message to come on the spot. Then PW Sarabjit Singh Deputy Superintendent of Police Baghapurana reached the spot in his official Gypsy bearing No.PBO-5804. Sarabjit Singh Deputy Superintendent of Police was apprised of the facts of the case. He then introduced him to the appellant telling him that he was Deputy Superintendent of Police of the Police and was a gazetted officer. Then on the directions of Sarabjit Singh Deputy Superintendent of Police and in the presence of the witnesses and Labh Singh - appellant, search of the baithak in the house of Harjeet Kaur was, conducted. The bags were found stacked in the baithak. The bags were opened. Poppy husk was found in them. They were counted and were found 80 in number. The bags were marked -1 to 80. From each bag sample of 250 grams of poppy husk was drawn. The remaining poppy husk was weighed. Each bag was found to contain 37kg 750 grams poppy husk. The samples were sealed in to 80 Separate parcels. The bags containing the remaining poppy husk were also separately sealed numbering 80. Sandeep Kumar had used his seal bearing impression of letters SKI. Sarabjit Singh Deputy Superintendent of Police had also used his seal bearing impression of letters' SSI, in sealing the sample parcel and the bags. Seal of Sandeep Kumar Sub Inspector was entrusted to Dilbag Singh Assistant Sub-Inspector. Sarabjit Singh Deputy Superintendent of Police retained his seal with him. The sample parcels and the bags containing remaining poppy husk were then taken into possession vide recovery memo Ex.PE. which was attested by PWs Sarabjit Singh Deputy Superintendent of Police, Balwinder Singh Assistant Sub-Inspector, Dilbag Singh Assistant Sub-Inspector and Gurmail Singh Sarpanch. Sandeep Kumar Sub Inspector had prepared the recovery memo. Personal search of the appellant was conducted. Currency notes worth Rs.90/- were taken into possession vide recovery memo of personal search Ex.PF. Ruqa Ex.PG was prepared. It was sent through Constable Jagjit Singh for registration of the case. FIR was registered on its basis. Copy of FIR is Ex.PG/l. Site plan Ex.PH was prepared showing the place of recovery. Arrest memo Ex.PJ and information memo Ex.PK were also prepared. Ex.PL is the consent of the appellant for medical examination.