JARNAIL SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 10.2.2004 of the Judge, Special Court, Faridkot whereby he convicted Jarnail Singh alias Jaila under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called as "NDPS Act") and sentenced him to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000/-, in default to further undergo rigorous imprisonment for two years.

(2.) THE case of the prosecution is that on 2.7.2000 Jaspal Singh, Inspector/SHO, Police Station Gidderbaha along with ASI Baldev Singh, ASI Manjit Singh, LC Swaran Singh, Constable Bashamber Dass and PHG Angrez Singh were present at Village Butter Bakhua in the official gypsy, which was driven by Constable Balwinder Singh. Secret information given by an informer to Inspector Jaspal Singh was that one Jarnail Singh alias Jaila resident of Village Butter Bakhua (Dhani) was selling poppy husk after putting it in gunny bags, in the courtyard of his house. Upon this, Jaspal Singh along with the other police officials conducted a raid at the Dhani of Jarnaill Singh. An independent witness Amarjit Singh was joined. Jarnail Singh was apprehended while sitting on the gunny bags lying in his courtyard. Offer of search was made to Jarnail Singh as to whether he wanted to be searched by a Magistrate or a Gazetted Officer. Consent memo was prepared where Jarnail Singh put his signatures in Punjabi in token of its correctness. A Q.S.T. was sent to Sh. Ashok Bath, DSP Gidderbaha to reach the spot. Sh. Ashok Bath reached the spot at 7 a.m. After enquiring, the DSP asked the police party to search Jarnail Singh. Jarnail Singh was made to stand up from the gunny bags. Three full gunny bags of poppy husk were recovered. Samples of 250 grams of poppy husk were taken from each of the gunny bags. The bulk of the poppy husk was weighed separately and each bag contained 39 Kgs. 750 grams of poppy husk. Three sample parcels were made. Seal of "J.P." was put on the sample parcels and the gunny bags containing poppy husk. Specimen seal was prepared. Sh. Ashok Bath, DSP also fixed his seal "A.B." on the sample parcels and the gunny bags of poppy husk. Seal was handed over to ASI Baldev Singh. On the basis of this, ruqa Ex.PD was sent and a formal FIR was recorded at 10.30 a.m. on the same day i.e. 2.7.2000.

(3.) APPELLANT also brought into the witness box Charanjit Singh Member Panchayat as DW1 and Ajit Sharma as DW2.