DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated April 27, 1995, passed by the Additional Sessions Judge, Barnala, whereby the appellants have been convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and each of the appellants has been sentenced to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for 3 years.

(2.) THE facts, which can be gathered from the records of the trial Court, are that on 2.8.1991 DSP Sardul Singh (PW 2) along with SI Kulwant Singh and other companions was on patrolling. After checking the vehicles at Handiaya Chowk, they reached the revenue limits of village Ghunas where they met HC Balwinder Singh along with Para-Military force who had just then detained truck No. PBD-2159. Dalip Singh appellant was at the steering wheel and appellant Mohinder Singh was sitting behind him in the driver's cabin. After disclosing his designation, DSP Sardool Singh (PW 2) conducted the search of the truck which was found to contain 79 bags of poppy husk. Each bag weighed about 40 kgs. Two samples of 250 gms. each were taken out of each bag separately. The sample parcels and the gunny bags containing the remaining contents were sealed with the seal bearing the impression 'SS'. Specimen of the seal (Exhibit PG) was prepared. The sample parcels and the gunny bags were duly sealed and the said truck, were seized vide memo Exhibit PH. Personal search of both the appellants were taken vide memo. Exhibit PJ and PK. Ruqa-Exhibit PD was sent to Police Station, Tapa, at 3.15 a.m. on 3.8.1991 through HC Balwinder Singh, on the basis of which SHO/SI Des Raj recorded the formal first information report (Exhibit PD/1).

(3.) A charge under sections 15/25 of the Act was framed against both the appellants, who pleaded not guilty and claimed trial. In support of its case, the prosecution examined three witnesses. DSP Sardool Singh (PW 2) and SI Kulwant Singh (PW 3) are the witnesses of recovery of the gunny bags containing poppy husk from the truck of the appellants, whereas SI Des Raj (PW 1) is the Investigating Officer. Two affidavits (Exhibits PB and PC) sworn by Constable Shamsher Singh and MHC Ajit Singh and report (Exhibit PA) received from the Chemical Examiner were tendered in evidence.