RAM PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the conviction recorded by the Special Court, Bathinda under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as the NDPS Act).

(2.) The case of the prosecution as detailed in the judgment is that a police party headed by ASI Sikander Singh was on general checking. They had taken along with them Gurmail Singh resident of village Jeeda. When the patrol party reached village Mehma Sarja, they found two persons sitting on gunny bags whereas another person was standing close-by. On seeing the police party, who were on cycles, all three persons fled on scooter bearing registration no. PB-03-E-9168, which was parked at a distance of 25-30 Karams. One of the Constable namely HC Sarwan Singh identified two of those persons, one of whom was Pritam Singh resident of Goniana and Rampal resident of Lakhisar. It was claimed that Sarwan Singh, HC knew both of them. The third person who was standing close-by was wearing a 'kurta payjama' and was in the age group of 30 - 35 years having medium height. The police suspected that the gunny bags contained some contraband. A message was sent for sending a Gazetted Officer. Sukhdev Singh, DSP reached the spot after some time. A photographer was also called and in their presence ASI Sikander Singh opened the bags and found the bags containing poppy husk. 100 Grams of poppy husk was taken out as sample. Photographs were taken and the samples of the gunny bags were sealed using seal BS. The seal after use was handed over to the independent witness Gurmail Singh. Recovery memo was prepared and Ruka was sent to the police station. The necessary formalities were then completed and the sample and the poppy husk was produced before the Magistrate on the next day.

(3.) Accused Pritam Singh was arrested the next day. Ram Pal Singh (appellant) could not be arrested and was declared proclaimed offender. He was tried subsequently after his arrest in 2007.