MAJOR SINGH, JIT SINGH, VILLAGE RAHON ROAD, BOOTHGARH P S BASTI JODHEWAL, LUDHIANA, SHEESH RAM, UMRAO SINGH, VILLAGE JAT BAHROAL, TEHSIL MUNDAWAR, DISTT ALWAR, BACHAN SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid three appeals, arising out of the decision dated 6.2.2003, rendered by the 'under, Special Court, Ludhiana, vide which it convicted all 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 often years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo further simple imprisonment for a period of two years each.

(2.) The facts, in brief, are that, on 6.7.2000, Paramjit Singh, Inspector, at the relevant time posted as S.H.O., Police Station Focal Point, Ludhiana, accompanied by Shiv Charan, ASI, Murlidhar, ASI, Waryam Singh, ASI, and other police officials, was present in the area of drain bridge, (Kasha Path), Gobindgarh, in connection with special operation. At about 5.30 PM, truck LP, bearing No. RRA-0-8481, came from the side of Railway Crossing, Gobindgarh, in the area of Ludhiana, which was intercepted, on the basis of suspicion. On interrogation, the driver of the truck told his name as Sheesh Ram S/o Umrao Singh. On checking the truck, three persons were found, sitting on the gunny bags, lying in the truck. They told their names as Major Singh S/o Jit Singh,- Ramesh Chander S/o Mohan Lal, and Bachan Singh S/o Bahal Singh. In the meanwhile, a public witness, Hardeep Singh S/o Darshan Singh, R/o Dhandari Kalan, also reached there. He was associated with the police party. Paramjit Singh, Inspector, also sent the message to Gurjit Singh, D.S.P of Industrial Area, Ludhiana, who reached the spot. Thereafter, Paramjit Singh, Inspector, on the direction of Gurjit Singh, D.S.P., conducted search of the bags, lying in the truck. The bags were 10 in number. Each bag contained 35 Kgs. Poppy- husk. Two samples of 250 grams from each of the bags, were taken out. The remaining poppy-husk, after weighment, was kept in the same bags. The sample parcels, and the bags containing the remaining poppy-husk, were converted into parcels, duly sealed with the seals bearing impressions 'PS' of Paramjit Singh, Inspector, and 'GS' of Gurjit Singh, D.S.P., Separate sample seal was prepared. Thereafter, the entire case property, was taken into possession. Seal after use was handed-over to Murlidhar, ASI by Paramjit Singh, Inspector, whereas Gurjit Singh. D.S.P., retained his own seal with him. The truck, in question, was also taken into possession, vide a separate recovery memo. Grounds of arrest were disclosed to all the accused. and they were formally arrested. The statements of the witnesses were recorded. On reaching the Police Station, on the same day, the case property, and the accused were produced before Darshan Singh, ASI, officiating S.H.O., who verified the facts, interrogated the accused, and checked the case property. He also put his seal, hearing impression 'DS', on the case property, and the parcels. Thereafter, he deposited the case property with Kuldip Singh, MHC, at 2.15 AM on 7.7.2000. After the completion of investigation, the accused were challaned.

(3.) On their appearance, in the Court of the Committing Magistrate, the copies of documents relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 15 of the Act, was framed against the accused, to which they pleaded not guilty, and claimed usual trial.