JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 25.10.1999 passed by the learned Special Judge, Ferozepur, whereby he convicted and sentenced both the accused Sukhdev Singh and Jagtar Singh to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for one year under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act).

(2.) THE facts in brief of the prosecution case are that on 3.4.1998, Bachan Singh Sub Inspector Incharge of Police Post Kot Isekhan among other police officials had set up Naka in the area of Village Gagra. Around 6.45 P.M. one truck bearing registration No. PCR 4663 was spotted approaching from Moga side. On catching sight of the police party, the truck driver turned the truck towards village Khosa Randhir on the link road. On being chased, the truck being driven by Sukhdev Singh accused was intercepted on the link road. Jagtar Singh accused was sitting on the gunny bags loaded in the truck. When both the accused failed to give a satisfactory reply, the bags were got unloaded. Out of which, 25 were of full size and the remaining 250 were of small size. The small size bags were found containing Methi seeds. The full size bags were suspected to contain some contraband. The accused were asked to tell whether they want to have search of the bags in the presence of a Gazetted Officer or a Magistrate. They offered to have search of bags before a gazetted officer. On receipt of wireless message, Nachhatar Singh DSP Zira came at the spot. He also disclosed his identity to the accused and apprised them of being a gazetted officer. The accused reposed confidence in him. On search of the gunny bags, the same were found containing poppy husk. When weighed, the contents of each bag came to 35 Kgs. 250 grams poppy husk was drawn from each bag to serve as sample and converted into parcels. The remainder of each bag was also turned into parcels. All the parcels were sealed with the seal BS. The sample seal was kept separately. The seal after use was handed over to ASI Lal Singh. The above mentioned DSP also affixed his own seal on the parcels and kept his seal with him. All the parcels along with the truck were seized vide recovery memo. The gunny bags containing methi seeds were also taken into possession vide recovery memo. The photostat copy of the certificate of registration of the truck along with consignment papers of methi seeds were also seized vide separate recovery memo. The Sub Inspector sent Ruqa to the police station, where on its basis, formal FIR was registered, prepared rough site plan showing the place of recovery, recorded statements of witnesses, disclosed the grounds of arrest to the accused and on return to the police station, produced the case property before SHO Anokh Singh, who after verification, also affixed his own seal AS on all the sealed parcels as well as the specimen seal impression. The case property was taken into possession vide separate recovery memo by the aforesaid SHO. The case property along with the accused was produced before the Illaqa Magistrate. On return to the police station, the case property was kept by the SHO in his own custody. 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 examined PW1- Constable Rup Singh, PW2-DSP Nachhatar Singh, PW3-ASI Lal Singh, PW4-SI Bachan Singh, PW5-Anokh Singh, the then SHO and closed its evidence.