HANS RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Impugned in the present appeal is the judgment and order dated 05.08.2003 passed by learned Judge, Special Court, Patiala, vide which the present accused -appellant was convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/ -, in default thereof to undergo further rigorous imprisonment for six months. The period of detention already undergone by the convict was ordered to be set off in accordance with Sec. 428 Cr.P.C. The case property was confiscated in accordance with the provisions of Sec. 60 of the NDPS Act.

(2.) Brief facts of the case are that on 08.07.2001, ASI Bhupender Rai received a secret information that Sukha Singh @ Sukhdev Singh and Hans Raj @ Hansa have kept in their possession poppy husk in the area of village Suniarheri on Patiala -Balbehra road and are waiting for the customers. If raid is conducted, heavy amount of contraband can be recovered. ASI Bhupender Rai, accordingly, despatched a message to Bhupinder Singh Virk, Deputy Superintendent of Police, Patiala, to arrive at the spot. A ruqa was also sent to the police station, where formal FIR (Ex. PL/1) was registered. Thereafter, ASI Bhupender Rai along with ASI Jit Singh and some other police officials proceeded to the spot. On Sanaur road, SI Sadhu Ram met them and he was also joined in the police party. Thereafter, Gurcharan Singh, Ex -Sarpanch, village Mehmoodpur Arian arrived there and he was also joined in the police party. When the police party was 1 Km. short from the said place, they found that two persons were sitting on the bags in the bir near the Government tubewell room. On seeing the police party coming towards them, one of them made good his escape, whereas the present accused -appellant Hans Raj @ Hansa was apprehended at the spot. On inquiry, he disclosed that, the person who fled away from the spot is Sukhdev Singh S/o Shingara Singh R/o village Dabankheri. The accused -appellant was apprised of his right of search before some Gazetted Officer or Magistrate and he was given the option for the same. The accused -appellant opted for search before the Gazetted Officer. Dissent statement of the accused -appellant was recorded. In the meanwhile, DSP Bhupinderjit Singh Virk arrived there and he disclosed his identity to the accused -appellant and also apprised him of his rights of search before some other Gazetted Officer or Magistrate. The accused -appellant reposed confidence in the DSP and consent statement of the accused -appellant in this regard was recorded. On direction of the DSP, ASI Bhupinder Rai conducted the search of the bags. It was found that there were 14 bags, each containing 41 Kgs. of poppy husk. Two samples of 250 gms. each were separated from each bag. The remaining poppy husk on weighment came to 40.500 Kgs. in each bag. All the sample parcels and bags were sealed with the seal bearing impression 'BR' of ASI Bhupinder Rai and 'BJS' of the DSP Bhupinderjit Singh Virk. The specimen seal impression was also prepared. A motor cycle was found from the spot and it was also taken into possession. On return to the police station, the accused -appellant and the case property were produced before SHO Sewa Singh, who verified the investigation and affixed his own seal bearing impression 'SS' on the case property and the same was deposited with MHC Sohan Singh. Thereafter, on the next day, the case property was taken back from MHC and the accused -appellant along with the case property was produced before the Illaqa Magistrate, Patiala. During the investigation, it came out that the ownership of the motorcycle bearing registration No. PB -11C -0931 was verified. From the extra judicial confession of Surjit Singh, Ex. Sarpanch, it also came out that on the day of recovery, in addition to Sukha Singh @ Sukhdev Singh, one Paramjit was also there. He also absconded from the spot. They could not be arrested and supplementary challan against them is to be presented whenever they are apprehended. However, the present accused -appellant was challaned by the police.

(3.) He was charge -sheeted under Sec. 15 of the NDPS Act.