SUKHWINDER SINGH SON OF NARANJAN SINGH SON OF HAZARA SINGH, BASTI NIZAMDINWALI, TEHSIL AND DISTRICT FEROZEPUR, RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal appeal No. 178-SB of 2001, filed by Sukhwinder Singh son of Naranjan Singh and Criminal Appeal No. 323-SB of 2001, filed by Ranjit Singh son of Harmit Singh, Amrik Singh and Bohar Singh sons of Baj Singh, accused (appellants), are directed against the judgment of conviction and the order of sentence dated 25.01.2001, rendered by the Judge, Special Court, Ferozepur, vide which he convicted all the accused, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substance 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 one year each, for having been found in possession of 90 ( ninety ) bags, each containing 41 Kgs and 250 Grams poppy husk, without any permit or licence.

(2.) The facts, in brief, are that on 20.04.1993, Sub Inspector Gurdev Singh, along with other police officials, held a picket at the bridge of canal minor, where a secret information was received by him, that the informer had seen a truck, crossing village Jhanda Bagga Purana, in which three persons were sitting on the bags, loaded in the body thereof, and it appeared that it was carrying poppy husk or contraband. At about 2.00 AM, truck bearing No. AS-01- C/1070 came from the side of Jhanda Bagga Purana and the same was stopped. The truck was being driven by accused Sukhwinder Singh, whereas, Ranjit Singh alias Rana, Bohar Singh and Amrik Singh, accused, were sitting on the bags, loaded in the body of the same. The accused were apprehended on suspicion. Efforts were made to join independent witnesses, but none was available. Thereafter, the search of the truck, was conducted, by Gurdev Singh, Sub Inspector, in accordance with the provisions of law, as a result whereof, 90 bags each containing 41 Kgs 250 Grams of poppy husk, were recovered. A sample of 250 grams of poppy husk was taken out of each bag. The remaining poppy husk, was kept in the same bags. The samples and the bags, containing poppy husk, were converted into separate parcels, duly sealed, and taken into possession along with the truck vide separate recovery memo. Registration Certificate of the truck was produced by the accused, which was also taken into possession, vide separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused were arrested. The site plan was prepared. After the completion of investigation, the accused were challaned.

(3.) On their 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 the accused, to which they pleaded not guilty and claimed trial.