(1.) BY a common judgment, the present appeal filed by Paramjit and Criminal Appeal No. 1928-88 of 2005 filed by Gurmej Ram, are being disposed of as both arise out of one judgment and order passed by Judge, Special Court, Jalandhar on 26.7.2005 vide which they were convicted under Section 15 of NDPS Act and sentenced to undergo RI for ten years and to pay a fine of Rs. One lac each. In default of payment of fine, the defaulting convict was further required to undergo RI for three years.
(2.) THE case of the prosecution is that Inspector Harpreet Singh along with some police officials was holding naka at Satluj bridge on G.T. Road at Phillaur on 15.1.2002. He received a secret information that a four wheeler Tata-407 bearing registration No. HP-39-4385 carrying huge quantity of poppy husk was coming from the side of Ludhiana. Accordingly, one Pargan Ram was associated by the police party as a public witness. Soon thereafter the four wheeler having aforementioned registration number was seen coming from the side of Ludhiana. The same was stopped by giving signal. On being asked, the driver disclosed his name as Gurmej Ram, while the person sitting by his side stated that he was Paramjit. Inspector Harpreet Singh told both of them that he suspected that some contraband was being carried by them in their vehicle and he wanted to check the same. He further told them that they had a right to get the search conducted from some gazetted officer or a Magistrate. At this, both the accused replied that the search be got conducted from a gazetted officer. Their separate consents were obtained. A wireless message was then sent to DSP Satinder Singh, who reached the spot. After disclosing his identity as DSP Sub Division Phillaur, said Satinder Singh told the accused that they had a right to be searched in the presence of a gazetted officer or a Magistrate. But they reposed confidence in him. Once again their separate consents were recorded. On this, Inspector Harpreet Singh conducted the search of the four wheeler as instructed by DSP Satinder Singh. He found that 18 bags containing poppy husk were loaded in the vehicle, which were covered with a tarpaulin. From each bag, a sample of 250 gms. was taken out and made into parcel. Remaining poppy husk in each bag, on being weighed, came to be 39 kgs. 750 gms. The samples and the gunny bags were then sealed with seals bearing mark 'HS' of Inspector Harpreet Singh and 'SS' of DSP Satinder Singh. Separate impressions of the seals were prepared.
(3.) BOTH the appellants were charged for the offence under Section 15 of NDPS Act but they pleaded not guilty and claimed trial.