KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Karnail Singh, Channa Singh @ Channa and Mukhtiar Singh have filed the present appeal challenging judgment dtd. 15/1/2010 passed by learned Special Judge, Ferozepur whereby they have been held guilty for committing offence punishable under Sec. 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and have been sentenced to undergo rigorous imprisonment for 12 years and to pay fine of Rs.1,00,000.00 each.

(2.) The case of prosecution, in nutshell, is that on 3/8/2003 when ASI Gursewak Singh accompanied by HC Darshan Singh, HC Puran Chand, HC Surjit Singh and C. Baljinder Singh were present on the bridge of canal minor in the area of passage leading from village Bhagu to Dodewala in connection with nakabandi, then one Gurjant Singh was associated with the police party. A jeep was noticed coming from the side of village Dodewala and upon a signal given by ASI Gursewak Singh to stop, the jeep was stopped about 40-50 karams short of the police party, out of which three men and one lady alighted and started running. While the driver of the jeep was apprehended, the remaining two men and the lady managed to escape. HC Darshan Singh and HC Surjit Singh had chased the lady and one male while the other male was chased by HC Puran Chand and C. Baljinder Singh. HC Darshan Singh knew the lady and the male chased by him to be Jogindero Bai and her son Mukhtiar Singh. The third male was identified by C. Baljinder Singh to be Channa Singh @ Channa son of Bagh Singh.

(3.) Upon inquiry, the person apprehended disclosed his name as Karnail Singh son of Fauja Singh. ASI Gursewak Singh extended an offer to Karnail Singh in terms of Sec. 50 of the NDPS Act giving him an option as to whether he wanted his search and of his jeep to be conducted in the presence of any gazetted officer or Magistrate. However, Karnail Singh reposed faith in the police officer and said that he could conduct the search. A consent memo was accordingly prepared which was signed by the witnesses. Upon search of the jeep in question 4 bags containing poppy husk were recovered. A sample weighing 250 gms was drawn from each of the 4 bags and remaining poppy husk in each of the bags, upon weightment was found to be 39 KG 750 Gms. The said four bags as well as the samples were duly sealed and packed in separate parcels upon which ASI Gursewak Singh affixed his seal bearing impression 'GS'. The seal after use was entrusted to Gurjant Singh. Entire case property was taken into possession.