SUKHWINDER SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 18.02.2003 rendered by the Court of learned Judge, Special Court, Patiala, whereby he convicted and sentenced Sukhwinder Singh @ Sukha accused/appellant to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac and in default of payment of the same, to further undergo rigorous imprisonment six months under Section 15 of the Narcotics Drug and Psychotropic Substances Act, 1985(for brevity "the Act").

(2.) THE minimal facts of the prosecution case are that on 24.11.1999, SI Hans Raj among other police officials including SI Budh Ram happened to be present on the turning of Village Daftriwala, Ghagga road Patran. In the meanwhile, one Maruti car bearing registration No. PB-11-0422 was spotted approaching. The same was signalled to stop with torch light by SI Hans Raj. The driver of the car, after having brought it to halt, made an endeavour to flee from the spot. He was intercepted by SI Hans Raj with the aid of his companions. On inquiry, he disclosed his name as Sukhwinder Singh @ Sukha (accused). In the meantime, PW Pala Singh came at the spot. He was associated with the police party. SI Hans Raj fold the accused that his car was suspected carrying some contraband articles. He should tell whether he wanted to have his own as well as his car's search in the presence of some gazetted officer or a Magistrate. He opted to have search before some gazetted officer. The aforementioned SI Hans Raj recorded his statement. On receipt of wireless message, DSP Gursharan Singh Bedi came at the spot. He also disclosed his identity to the accused as a Gazetted officer. Under his directions, SI Hans Raj carried out search of the car, which yielded gunny bags containing poppy husk. On counting, these were found to be four in number. Two samples of 250 grams each from each bag were drawn and converted into parcels. The remainder of each bag, when weighed came to 159.500 kgs, which was also turned into parcels. All the parcels were sealed with seal 'HR' as well as 'GS' and were seized vide recovery memo. The specimen impression of the seal was also prepared. The seal of SI Hans Raj, after use was entrusted to PW Pala Singh. The DSP retained his seal in his own possession. The SI Hans Raj sent ruqa to the police station, where on its basis, formal FIR was registered, prepared visual site plan showing the place of recovery, recorded the statements of witnesses arrested the accused and on return the police station, deposited the case property with seals intact with MHC Balbir Singh. On receipt of Chemical Examiner's report and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) AFTER hearing the learned Additional Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused/appellant as noticed at the outset. Feeling aggrieved with his conviction/sentence, he has preferred this appeal.