ARTINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of three appeals, bearing Criminal Appeal Nos. 555-DB, 1617-SB and 651-DB of 2006, by which, Artinder Singh, Sushil Kumar and Surjit Singh, appellants respectively, have appealed against the judgment dated 27.7.2006 passed by Special Court, Jalandhar, whereby, all the three appellants were convicted and sentenced as under :- Artinder Singh @ Pappu and Surjit Singh @ Jagga U/s 18 NDPS Act to undergo rigorous imprisonment for 15 years and to pay fine of Rs. 1 lac, each, in default of payment of fine, to further undergo rigorous imprisonment for one year;

(2.) ON 27.2.2003, Sub Inspector Pritam Singh along with other police officials was present at Babri Chowk, Jalandhar, where, they received a secret information that all the aforesaid three appellant and also one Rajesh Kumar a juvenile are indulging in the business of Smack and Opium at large scale and they were going to cremation ground in the area of Basti Shiv Puri for exchange of the stocks and if the raid was conducted, then they could be apprehended alongwith opium and smack. Finding this information to be reliable, Sub Inspector Pritam Singh sent ruqa to the Police Station through Constable Harjinder Singh No. 2160. He also informed the control room through a wireless message for intimating the higher officers; contacted the Station House Officer for sending the special reports and also informed Naresh Kumar DSP City-II requesting him to visit the spot. On reaching the cremation ground, he saw appellants and Rajesh alias Tilak Raj present there and apprehended them. After giving them option of search before a gazetted officer or a Magistrate, consent memos Ex. PC, PD and PE, relating to Artinder Singh, Surjit Singh and Sushil Kumar, respectively, were prepared. In the meantime, DSP Naresh Kumar arrived at the spot, who again sought consent of the appellants and consent memos Ex.PF of Artinder Singh, Ex.PG of Surjit Singh and Ex.PJ of Sushil Kumar were prepared. As per the directions of DSP Naresh Kumar, Artinder Singh was searched and one bag containing two packets was recovered from him. One packet was containing opium and other one was found containing smack. Two sample of smack of 5 gm, each, were separated and put in plastic containers. Remnant of opium and smack were weighed and were found to be 4 kg. 980 gms and 990 gms, respectively, which were also put in two separate plastic containers. All the containers were reduced into parcels and sealed with the seals bearing 'impressions' PSI a and 'NK'. An amount of Rs. 29,000/- and a scooter bearing No. DL-45-8642 were also recovered from Artinder Singh (appellant), Sample of opium Ex.P1, case property (opium) Ex.P2, sample of smack Ex.P3, case property (smack) Ex.P4, Rs. 29,000/- Ex.P5, bag Ex.P6 and scooter Ex.P7 were taken into possession vide recovery memo Ex.PK. Thereafter, following the same procedure, search Surjit Singh (appellant) was conducted and a black bag containing opium and smack in two different packets was recovered. Two samples of 10 gms, each of opium and two samples of 5 gms, each, of smack were put in different plastic containers. The remaining opium and smack were found to be 4 kg 980 gms and 990 gms, respectively, which were also put in two different plastic containers. All the containers after being reduced into parcels were sealed with the seals bearing impressions 'NK' and 'PS'. Rs. 4000/- and a scooter were also recovered. Sample of opium Ex.P8, sample of smack Ex.P9, case property Ex.P10 and P11, bag Ex.P12, Rs. 4000/- Ex.P13 and scooter Ex.P14 were taken into possession vide memo Ex.PL. Similarly, Sushil Kumar (appellant) was searched and a water bottle, was recovered from him, which contained smack. Two samples of 5 gms each and remaining 240 gms were put in different small containers. All the three parcels were sealed with seals bearing impressions 'NK.' and 'PS' and taken into possession vide recovery memo Ex.PN. Rajesh alias Tilak Raj (accused/non-appellant) was also searched and he was also found in possession of one attachie (suitcase), which also contained packets of opium and smack. Two samples of 10 gms each of opium and two samples of 5 gms each of smack were put in different plastic containers. The remaining opium and smack were found to be 4 kg 980 gms and 2 kg 740 gms, respectively, which were also put in two different plastic containers. All the containers after being reduced into parcels were sealed with the seal 'NK' and 'PS'. Sample of opium, sample of smack, attachie, scooter and case property are Ex.P15 to P20, respectively. From the personal search of Artinder Singh, Surjit Singh and Rajesh alias Tilak, Rs. 500/-, Rs. 100/- and Rs. 450/-, respectively were recovered and taken into possession vide Ex.PT, Ex.PU and Ex.PV. Case property, samples, sample seals, were deposited with the MHC in the Police Station. The accused were arrested. The case property was produced before the Ilaqa Magistrate on the next day. Investigating Officer recorded statements of the witnesses. On receipt of the report of the Chemical Examiner, challan was presented against the appellants. However, challan against accused Rajesh alias Tilak Raj was presented before the Juvenile Justice Board, Ludhiana.

(3.) TO prove its case, the prosecution examined SI Pritam Singh (PW1), SI Raj Kumar (PW2), Amarjit Kaur, clerk of DTO office (PW3), SI Bhupinder Singh (PW4), HC Daljinder Singh (PW5), HC Vijay Kumar (PW6) and DSP Naresh Kumar (PW7).