SHASHI KANT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellant Shashi Kant against the judgment and order dated 25.3.2008 passed by the learned Judge Special Court, Ludhiana whereby the appellant has been convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ( NDPS Act - for short) and has been sentenced to undergo rigorous imprisonment for 12 years; besides, pay a fine of Rs. 1,00,000/- and in default thereof, undergo rigorous imprisonment for one year.

(2.) FIR No.118 dated 17.6.2004 (Ex.PK/1) was registered at Police Station Basti Jodhewal, Ludhiana for the offence under Section 15 NDPS Act on the basis of 'ruqa' (memo) (Ex.PK). SI Gurbans Singh Bains (PW-4), SHO Police Station Basti Jodhewal, Ludhiana along with other police officials was patrolling in the area. The police party was going from 'T' point GT Road Kirpal Nagar to Mohalla New Madhopuri and Sunder Nagar on a 'Gypsy' vehicle on the road adjoining 'Budha Nala'. They were patrolling and conducting checking of suspects. The police party had reached little ahead of Kirpal Nagar Mohalla near the electric transformer. At that time a clean shaven person pulling a rickshaw cart with a heavy article on the back was seen coming on the road adjoining the drain. The heavy article was tied with a plastic rope and wrapped with black waterproof tarpaulin. On seeing the police party the rickshaw puller got perplexed and he sat down on the pretext of mending the chain of the rickshaw cart. SI Gurbans Singh Bains (PW-4) on suspicion apprehended the accused. On enquiry the accused disclosed his name and address. In the meanwhile Sham Lal son of Gian Chand a public witness came there on his bicycle and after being apprised of the facts, he was joined by the police party.

(3.) The Investigating Officer informed the accused that a search of the article was to be conducted and he had a right to get the search conducted in the presence of some Gazetted Officer or a Magistrate. The Gazetted Officer/Magistrate if the accused so desired could be called at the spot. The accused opted for his search in the presence of a Gazetted Officer. His non-consent memo (Ex.PA) in this regard was prepared which he signed. Mr. Satbir Singh Atwal, DSP Rural, Ludhiana was asked to come at the spot through wireless message. The DSP Rural reached the spot with his personal staff and introduced himself to the accused as DSP Rural. He informed the accused that he and his articles were to be searched and if the accused so desired then some other Gazetted Officer or Magistrate could be called at the spot. The accused reposed confidence in the DSP and gave his no objection if he and his articles were searched in the presence of DSP. His consent memo Ex.PB in this regard was prepared which was signed by him. The search of the rickshaw was carried out and 10 plastic bags loaded in the 'rehra' (cart) were found to contain poppy husk. Two samples each weighing 250 gms from each bag were taken and their separate parcels were prepared. On weighing, each bag was found to weigh 24.5 kgs. Therefore, poppy husk weighing 250 kgs was recovered from the appellant. The Investigating Officer numbered the bags that were recovered from serial No.1 to 10 and the sample parcels were also numbered as 1 and 1A to 10 and 10A. All the parcels were sealed with the seal bearing initials 'GS'. The DSP also sealed all the parcels with his seal bearing initials 'SS'. The specimen seal was separately prepared and seals after use were handed over to the public witness Sham Lal. Thereafter, 20 sample parcels and 10 bulk parcels of poppy husk along with sample seals were taken in possession vide recovery memo Ex.PC, which was attested by the witnesses. The rickshaw cart (Ex.P1), plastic cover (Ex.P2) and rope (Ex.P3) were also taken in possession vide memo Ex.PD. The appellant was carrying poppy husk without any permit or licence. Therefore, 'ruqa' (memo) was sent to the Police Station on the basis of which FIR was registered.