DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of the above said two criminal appeals as challenge is to the common judgment of conviction and order of sentence dated 31.01.2006 vide which the appellantss Dara Singh and Boota Singh was held guilty under Sections 15 of NDPS Act, 1985 for keeping 90 kgs of poppy husk in their possession and accused Dara Singh was further convicted under Section 18 of the Act for keeping 200 grams of Opium in his possession.

(2.) Before noticing the facts, it is observed that these appeals pertain to the year 2006 and are being persuaded by the legal aid counsel appointed by the High Court Legal Services Authority. Both the appellantss have undergone more than 04 years of actual sentence awarded to them.

(3.) Brief facts of the case are that on 16.09.2004 a police party headed by ASI Kewal Singh, in their official vehicle was present at bus stand of village Channu where PW- Avtar Singh s/o Gurdial Singh met the police party and he was associated with them. The police party proceeded to village Beedowali, Badal and when they reached at the crossing of Berianwala, Village Maan. One Esteem Car was coming from the side of village Badal. On seeing the police party, the occupants of the car stopped and tried to run away. They were apprehended on suspicion by ASI Kewal Singh, Investigating Officer with the help of other police officials. The driver of the car disclosed his name as Boota Singh while other person's name was Dara Singh. ASI Kewal Singh told the appellantss that he suspected something in their car and search of their car was to be conducted and they have a right of search either in the presence of a Magistrate or a Gazetted Officer. On this, ASI prepared dissent memos of both the accused persons Ex. P-2 and P-3, which were signed by the accused and attested by HC Kulwant Singh and Avtar Singh as an independent witness. Thereafter, ASI Kewal Singh, IO sent QST to police station Lambi for sending some Gazetted Officer and a photographer at the spot. After some time, the photographer Constable Gurmail Singh reached at the spot and DSP Hargobind Singh also reached at the spot. After the DSP disclosed his identity to both the accused persons and gave them option for search from him or other Gazetted Officer or Magistrate, both the persons consented for search in his presence. ASI Kewal Singh prepared consent memos Ex.P-4 and P-5, which were signed by both the accused persons and attested by DSP Hargobind Singh. ASI Kewal Singh, on personal search of accused Dara Singh found opium from the right side pocket of his shirt out of which 10 grams was separated as sample and put into a small plastic box and converted into parcel. On weighing the remaining opium it came to 190 grams, which was also put in a separate plastic box and converted into parcel. On the personal search of Boota Singh, Rs.130/- was recovered and took into possession vide memo Ex.P-C, which was signed by the accused and attested by the PWs.