PIARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 615-SB of 2004, filed by Piara, Criminal Appeal No. 1215-SB of 2004, filed by Narpinder Singh, and Criminal appeal No. 2224-SB of 2005, filed by tirath Singh, arising out of the judgment of conviction, and the order of sentence dated 23. 2. 2004, rendered by the Judge, Special court, Nawanshahr, vide which it convicted the accused/appellants, for the offence, punishable under Section 15 of the Narcotic drugs and 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 rigorous imprisonment for another period of six months each, for having been found in possession of 595 kgs. poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that on 11. 9. 2001, Ranjit Singh, SI, along with other police officials, was present, on the bridge of canal, in the area of village Bakhlor, in connection with a special picket, in Govt. Gypsy No. PB07-1226, when, at about 1. 30 a. m, one vehicle Tata 407, came from the side of village Moro, and was going towards bakhlor side. A signal was given to stop, as a result whereof, the said vehicle stopped. The driver, and one more person, were sitting in the cabin, and two persons, were sitting in the body of the vehicle, over the tarpaulin. On seeing the police party, they tried to escape, but were apprehended. On enquiry, the driver told his name as Tirath singh, whereas, the person, who was sitting by his side, in the cabin, told his name as Piara. The other two persons, who were sitting on the Tarpaulin, told their names as Darbara Ram, and Narpinder Singh. The search of the vehicle, was conducted, in accordance with the provisions of law, in the presence of Navjot Singh, DSP, who was called to the spot, as a result whereof, 17 bags, each containing 35 kgs. poppy-husk, were recovered. A sample of 250 grams, was taken out from each of the bags, and the remaining poppy-husk, was kept into the same bags. The samples, and the bags, containing remaining poppy-husk, were converted into parcels, duly sealed, with the seals, bearing impressions 'rs', belonging to Ranjit Singh, SI, and 'ns', belonging to navjot Singh, DSP. Thereafter, the samples, and the case property, were taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. The statements of the witnesses were recorded. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) ON appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act. was framed against them, to which they pleaded not guilty and claimed judicial trial.