JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal No. 1298-SB of 2004 preferred by Jarnail Singh alias Jaila and Criminal Appeal No. 83-SB of 2005 filed by Jasvir Singh against the judgment/order of sentence dated 1 April, 2004 rendered by the Court of learned Judge, Special Court, Jalandhar whereby he convicted and sentenced both the above mentioned accused/appellants to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac each and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for a period of six months under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act').

(2.) THE miniature of facts is that on 16.8.2000, Inspector Wazir Singh, the then Officer Incharge of the Police Station Phillaur alongwith other police officials happened to be present at Nawanshahar Adda Phillaur, where he received secret information to the effect that Jasvir Singh, Jarnail Singh and Deep Singh (Proclaimed Offender) were found in possession of poppy husk in truck bearing registration No. PB-08-6852, parked on the road leading from Ganna Pind to Bhaini. Ruqa Ex.PF was sent to the police station. On its basis formal FIR Ex.PF/1 was registered. The police party immediately proceeded towards the disclosed place. On the way, it joined Nirpal Singh Sarpanch. On reaching at the spot, the police party found the abovementioned truck lying parked on Bhaini road near the turning. The occupants of the same were apprehended. The accused Jasvir Singh was sitting on the driver seat whereas Jarnail Singh and Deep Singh were seated beside him. The Investigating Officer told the above said trio that he had suspected of there being some contraband in the truck and therefore, he wanted to take search of the same. He apprised the accused of their rights of search of their truck in the presence of a Gazetted Officer or a Magistrate. They offered the search of the truck to be made in the presence of a Gazetted Officer. On receipt of message, PW Sajjan Singh Cheema, DSP Phillaur came at the spot, introduced himself to the accused and informed them of their rights to have the search of their truck in the presence of a Magistrate. The accused reposed their confidence in him. On search of the truck, 200 bags of salt and 30 bags of poppy husk concealed beneath the salt bags were recovered. Two samples of 250 grams each were drawn from each bag and converted into parcels. The residue of each bag when weighed, came to 34.500 grams, which were also made into parcels and sealed with seals 'WS' and 'SS'. The Investigator after use, entrusted his seal to ASI Kewal Singh whereas DSP Sajjan Singh retained his seal with him. All the sample parcels along with the sealed bags as well as the truck were seized vide recovery memo Ex.PE. Wazir Singh Investigator prepared the rough site plan showing the place of recovery, arrested the accused and on return to the police station, deposited the case property with MHC Jaswinder 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.) TO bring home guilt against the accused, the prosecution has examined PW11 Lehamber Ram Clerk, District Transport Officer, Jalandhar, PW2 Amar Singh, Lambardar, PW3 Sajjan Singh Cheema, DSP, PW4 ASI Kewal Singh, PW5 Inspector Wazir Singh, Investigating Officer, PW6, MHC Jaswinder Singh, PW7, Constable Bawa Singh and closed its evidence.