MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This judgment shall dispose of Crl. Appeal No. 73-SB of 1999 filed by Mangal Singh and Criminal Appeal No. 132-SB of 1999, filed by Dhanna Singh, arising out of the judgment of conviction, and the order of sentence dated 24.12.1998, rendered by the Special Judge, Patiala, vide which he convicted both the accused/appellants, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them to undergo rigorous imprisonment, for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo further rigorous imprisonment for a period of two years each, for having been found in possession of 45 bags, each containing 35 Kgs of poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 16.08.1993, a police party headed by SI/SHO Kuldip Singh of Police Station Bhadson, was present in connection with vehicle checking, at the bridge of canal minor, in the area of village Kalar Majri. Mukhtiar Singh, an independent witness, also came there, who was joined with the police party. At about 7.30 PM, truck bearing registration No. PC-L- 9945, came from the side of Bhadson. It was signalled to stop by Kuldip Singh, Sub Inspector. The truck was stopped. Dhanna Singh, who was earlier known to Maghar Singh, ASI, jumped down from the truck, and ran away, under the cover of darkness. He was chased by Balwinder Singh, HC, but could not be apprehended. Mangal Singh, who was driving the truck, was apprehended at the spot. The search of the truck was conducted, in accordance with the provisions of law, as a result whereof, 45 bags were found lying therein. Each bags was found containing 35 Kgs poppy husk. A sample of 250 grams of poppy husk, was taken out of each of the bags. The contents of the samples were put into separate containers, and the remaining poppy husk was kept in the same bags. The bags, and the samples, were converted into parcels, duly sealed, and taken into possession, along with the truck, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The site plan was prepared. Mangal Singh, accused, was arrested. The statements of the witnesses were recorded. Dhanna Singh, accused was arrested on 25.08.1993. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Maghar Singh, ASI, (PW- 1), a witness to the recovery, who also identified Dhanna Singh, accused, who escaped from the spot, on the ground, that he knew him earlier to the search and seizure, Jai Gopal, ASI (PW-2), who tendered his affidavit Ex.PF, Kuldip Singh, Sub Inspector (PW-3), who investigated the case and prepared various documents on record, Usha Rani Clerk, (PW-4), who deposed that the truck was transferred in the name of Kuldip Singh son of Shingara Singh, Hardev Singh, son of Bhagwan Singh, (PW-5), who deposed that when Dhanna Singh was produced, he was in the Police Station, and Kulwant Singh, Constable, (PW-6), who tendered his affidavit Ex.PJ. Thereafter, the Additional Public Prosecutor for the State, gave up Mukhtiar Singh, as won over by the accused, on the police request, and closed the evidence.