SATPAL @ SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict Satpal @ Satta has filed the present appeal for challenging the judgment dtd. 22/3/2010 and order dtd. 26/3/2010 passed by learned Judge, Special Court, Patiala.

(2.) Vide judgment and order, learned trial Court convicted the appellant under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentenced him to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.One lac and in default of payment of fine, to undergo rigorous imprisonment for two years. He was further convicted under Sec. 411 IPC and sentenced to undergo rigorous imprisonment for six months. He was further convicted under Sec. 471 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo rigorous imprisonment for one month. He was also convicted under Sec. 483 IPC and sentenced to undergo rigorous imprisonment for six months. The period of detention already undergone by him during investigation or trial was ordered to be set off against the sentence awarded.

(3.) According to the prosecution, on 10/8/2008, Inspector Nahar Singh, Incharge CIA Staff, Nabha, alongwith ASI Gurjant Singh, HC Sadha Singh, HC Gian Singh, HC Rajinder Singh, PHG Pakhar Singh and PHG Gurnam Singh, was proceeding in a private gypsy, being driven by PHG Parshotam Singh from Rohta Sahib Gurudwara to Rohti Bridge, in connection with patrolling and checking of suspicious and bad elements. When the police party reached just ahead of Rohta Sahib Gurudwara, one Piara Singh son of Dalip Singh, resident of village Achhal, who was seen coming from the side of Rohti Bridge, Inspector Nahar Singh, after getting the gypsy stopped started talking to Piara Singh. At about 7.45 p.m., one car bearing registration No.PB-57-A-8772 make Indigo and white in colour was seen coming from the side of Rohti Bridge. The occupants of the car tried to flee. The police party tried to apprehend the occupants and in the process, the front window panes of the car got damaged. One, who was driving the car fled away after opening the door. In order to apprehend him, HC Sadha Singh and PHG Gurnam Singh chased him but to no avail. The person sitting on the second seat of the car was apprehended and on enquiry he disclosed his name as Satpal Singh @ Satta son of Piara Singh, resident of village Dedhna, Police Station Ghagga. He also disclosed that the person who had fled away was one Prince, resident of Anandpur Sahib. Inspector Nahar Singh apprised the appellant that he was an Inspector and posted as Incharge, CIA Staff, Nabha. He wanted to search his car but he had a right to get the search conducted in the presence of any Magistrate or a gazetted officer. The appellant replied that he wanted to get his car searched either in the presence of any Magistrate or gazetted officer. His non- consent memo Ex.PB was prepared. Inspector Nahar Singh then flashed message to the Deputy Superintendent of Police, Nabha and after making him conversant with the situation, requested him to reach the spot. The DSP, alongwith his staff, reached the spot in a government vehicle. He told the appellant that he was Arshdeep Singh, DSP, Nabha and wanted to know from him as to whether the search of his car be conducted in his presence. The appellant replied that he had full faith in him and he could get the car searched in his presence. His consent memo Ex.PC was prepared. Thereafter, in the presence of the DSP, Inspector Nahar Singh searched the car. Four gunny bags of poppy husk were recovered from the dickey of the car while two from the rear seat. From each of the six bags, two samples, weighing 250 grams each, were taken. The remaining gunny bags were weighed which came to be 39 kgs.500 grams in each bag. The six gunny bags of poppy husk and 12 sample parcels were duly sealed by Inspector Nahar Singh with his seal bearing inscription 'NS'. Sample seal was prepared separately. The seal after use was handed over to private witness Piara Singh. All the bags,alongwith the sample parcels, were taken into possession through separate memo Ex.PD. By keeping those gunny bags of puppy husk in their possession, the appellant and Prince had committed offence under Sec. 15 of the NDPS Act. Accordingly, ruqa Ex.PF was prepared by Inspector Nahar Singh at 10.30 p.m., which was sent through Head Constable Rajinder Singh to Police Station Sadar, Nabha, where on its basis, FIR No.90 dtd. 10/8/2008 (Ex.PF/1) under Sec. 15 of the NDPS Act was registered by SI Baldev Singh at 10.50 p.m. Further case of the prosecution is that Inspector Nahar Singh, during investigation of the case, conducted personal search of the appellant and notified him about the grounds of arrest. Intimation of his arrest was sent to his brother Jaspal Singh. Statements of the witnesses were recorded. Site plan was also prepared. On return to the Police Station, Inspector Nahar Singh produced the case property, the accused, the witnesses and seal impression before Inspector Devinder Singh, Station House Officer, Police Station Sadar, Nabha who verified the facts of the case and sealed the case property after putting his seal bearing inscription 'DS' and on directions of the Station House Officer, Inspector Nahar Singh deposited the case property with MHC Manmohan Singh. On the next day i.e. 11/8/2008, the case property and the accused were produced before the Ilaqa Magistrate. During Investigation, registration certificate of the car was found to be a forged document. The actual registration certificate stood allotted to motorcycle and not to the car recovered from the possession of the appellant. The car was the stolen property and belonged to PW8 Deepak Sharma. Prince, co-accused of the appellant, who was the one driving the car at the relevant time, could not be arrested and declared a proclaimed offender. On receipt of report from the Chemical Examiner, final report under Sec. 173 Cr.P.C. was presented in the Court. The case was, thereafter, committed to the Court of Sessions, where the appellant was charged for the aforementioned offences, to which he pleaded not guilty and claimed trial.