PIAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 117-SB of 2006, filed by Piar Kaur, and Criminal Appeal No. 883-SB of 2007, filed by Makhan Singh, accused (now appellants), arising out of the judgment of conviction dated 17.11.2005, rendered by the Judge, Special Court, Jalandhar, vide which he convicted Piar Kaur and Makhan Singh, 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 of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of 1-1/2 years each, for having been found in possession of 50 bags, containing 35 Kgs. poppy-husk each, without any permit or licence.

(2.) THE facts, in brief, are that on 22.7.2000, Sarabjit Rai, SI, alongwith other police officials, was present at'Y'- point picket, at Jandu Singha, where he received a secret information, that in village Haripur, near Sehkari Bank, some persons, were unloading bags, from truck, and if a raid was conducted, heavy recovery of contraband, could be effected, from them. Finding the information to be credible, he sent wireless message. to Jatinder Singh, DSP (R), with a request to reach the spot. In the meanwhile, Manohar Lal, an independent witness, came to the spot, who was joined with the police party. A lady Constable was also summoned. Thereafter, the raid was conducted at village Haripur. On seeing the police party, one person Sital Singh, managed to escape, alongwith truck bearing No. DL-IG-4619. Sital Singh, accused, was already known to Sarabjit Rai, SI. He was chased by Balwinder Singh, ASI, and other police officials, but he succeeded in escaping, with truck bearing No. DL-IG-4619. Thereafter, he apprehended one lady Piar Kaur, and Makhan Singh, who were sitting on the bags. In the meanwhile, Jatinder Singh, DSP(R), reached the spot. On his directions, Sarabjit Rai, SI, searched 50 bags, found in possession of Piar Kaur and Makhan Singh, who were found sitting thereon. Each bag, was found containing 35 gs. poppy-husk. A sample of 250 grams of poppy husk, was taken out, from each of this, and the remaining poppy-husk, was put into the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, with the seal, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. Both Piar Kaur, and Makhan Singh, accused, were arrested. The statements of the witnesses, were recorded.

(3.) OWNERSHIP of truck, bearing No. DL-IG-4619, was verified from the office of Delhi Transport Authority, New Delhi, which was found in the name of Dalbir Singh. On 21.9.2000, the truck aforesaid was taken into possession, alongwith photocopy of the Registration Certificate, from Dalbir Singh, vide recovery memo, Ex.PM. After the completion of investigation, the accused were challaned.