GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FIVE persons were intercepted with truck No. MP-9K-4136 by the police party consisting of ASI Bhupinder Rai and others on 11.6.2001. On search of the vehicle, 40 bags of poppy husk were recovered from a secret cabin in the truck. 5 persons so arrested were prosecuted for an offence under Section 15 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, "the Act") and sentenced to suffer 10 years RI coupled with fine of Rs. one lac each. They have now filed four separate appeals. Appellants, Gurdev Singh and Sarabjit Singh have filed common Criminal Appeal No. 218-SB of 2004 whereas appellants Dalip Singh, Bara Singh and Sohan Singh have filed separate appeals bearing Criminal Appeal Nos. 2347-SB of 2003, 15 and 99-SB of 2004 respectively to impugn their conviction. All the abovesaid four appeals are being disposed of by this common order.

(2.) THE case of the prosecution, as can be discerned, is that ASI Bhupinder Rai received a secret information on 11.6.2001 to the effect that an inter-state gang was operating and indulging in smuggling of poppy husk. As per the information, the gang used to bring poppy husk from Madhya Pradesh and Rajasthan and sell in different parts of Punjab. In this background, it was revealed that a truck No. MP-9K-4136, carrying poppy husk was likely to pass via Ghanaur Bahadurgarh and reach Bhawanigarh. The secret information also disclosed that if naka was held, heavy quantity of poppy husk could be recovered from the above referred truck. ASI Bhupinder Rai sent this ruqa for registration of a case, on the basis of which formal FIR was recorded by ASI Gurcharan Singh. Bhupinder Rai also sent a message to his superior officer, DSP Bhupinder Singh Virk, with a request to him to reach the spot. He alongwith ASI Rajnish Kumar, taking one independent witness, named Suraj Bhan, held a naka near Village Raipur Mandlan. He started checking the vehicles passing by the side of naka. Truck No. MP-09K-4136 came to the naka and was stopped. Five persons occupying the same were apprehended. On enquiry, they disclosed their identities and are the appellants before this Court. ASI Bhupinder Rai apprised that he suspected the truck to be carrying some contraband and as such, he was to conduct the search thereof. He also apprised the appellants that if they so desired, the said search could be conducted in the presence of a Gazetted Officer or a Magistrate. Upon this, the appellants opted for being searched in the presence of a Gazetted Officer. Their statements were accordingly recorded, which were signed by Bara Singh, Gurdev Singh and Sarabjit Singh and thumb marked by appellants Sohan Singh and Dalip Singh. DSP Bhupinder Singh Virk reached the spot in the meanwhile. He disclosed his identity being the DSP (R), Patiala. He also apprised the appellants that he wished to conduct the search of the truck. The appellants consented for the search of the truck by DSP Bhupinder Singh Virk. Consent statements of all the appellants were recorded and accordingly the offending truck was searched by ASI Bhupinder Singh. 40 bags of poppy husk were recovered from a secret cabin in the body of the truck. Two samples, weighing 250 grams, were drawn from each bag and made into separate parcels. Remaining quantity in the bags was weighed and it was found to be 38 Kgs. each. All the bags and the respective samples were numbered and sealed with the seal having impression 'BR' of ASI and 'BSV' of DSP. Specimen seal impression was also prepared and the same, after use, was handed over to independent witness, Suraj Bhan. The contraband as well as the truck and its registration certificate were taken into possession. Other formalities in regard to the investigation were also completed, which included recording of the statements of various witnesses. Personal search of the appellants was also carried out. On return to police station, the case property was produced before SHO Mewa Singh by ASI Bhupinder Rai. Recovery was accordingly verified and affixed with the seal of the SHO on the case property. The case property was deposited with MHC Sohan Singh with the seals intact. In addition, ASI Bhupinder Rai also produced the case property before Ilaqa Magistrate, which thereafter was again re-deposited with MHC of the Police Station. The samples were also sent for examination by the Forensic Science Laboratory, which gave a report. The appellants were accordingly challaned, prosecuted and punished as already noticed.

(3.) THE prosecution case is mainly supported by ASI Bhupinder Rai (PW2) and DSP Bhupinder Singh Virk (PW3). Head Constable Fakir Chand (PW5) appeared to depose about deposit of contraband with the FSL. Head Constable Sohan Singh was the witness who has testified about the deposit of contraband with him with the seals being intact. The report of the FSL was also produced on record. On appreciation of the evidence led by prosecution, all the appellants were convicted and sentenced.