DEVINDER SINGH @ BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 5.9.2001 rendered by the Court of learned Special Judge, Hoshiarpur, whereby he convicted and sentenced accused/appellant Devinder Singh alias Binder to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of the same, to further undergo rigorous imprisonment for six months under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) SHORN of all unnecessary details, the prosecution case is that on 1.4.1998, SI Sita Ram, among other police officials including SI Nirmaljit Singh, happened to be present near Amrit Petrol Pump, Saila Khurd, in connection with the checking of the suspects. Meanwhile, SI Nirmaljit Singh, received secret information that Harjinder Singh alias Kala and his brother Devinder Singh alias Binder, residents of village Painsra were indulging in the sale of poppy husk in their village and even earlier they were arrested in such a case and had been released on bail and in case a raid is conducted, they can be apprehended and poppy husk in large quantity could be recovered from them. When the police party neared village Painsra, they came across Baldev Singh Sarpanch and Shaunka Singh, Ex-Sarpanch, who were joined in the police party. Thereafter, a raid was conducted. On catching sight of the police party they made an attempt to run away after leaving the weights and scales there, but SI Sita Ram along with other police officials, intercepted Devinder Singh alias Binder accused, though the other accused-Harjinder Singh alias Kala was nabbed by SI Nirmaljit Singh. Devinder Singh alias Binder suffered a disclosure statement that he had kept concealed three bags of poppy husk in the heap of wheat chaff in the cattle shed of his brother Harjinder Singh, about which only he knew and could get the same recovered. His disclosure statement was jotted down. Thereafter, SI Sita Ram asked the accused to tell whether he wanted to have search of the cattle shed in the presence of a Gazetted Officer or a Magistrate, but he expressed his faith in him. The accused led the police party to the disclosed place and got recovered three bags of poppy husk. In the meantime, Ajaib Singh DSP also came at the spot. The samples weighing 250 grams each were drawn from each bag and converted into parcels. The residue of each bag, when weighed, came to 40 kgs. which was also turned into a parcel. All the parcels were sealed with the seal AS. The seal after use was handed over to HC Surinderpal Singh. The DSP also prepared the sample seals and filled CFSL forms at the spot. Thereafter, he seized all the parcels along with CFSL form as well as the sample seal vide recovery memo. He handed over the parcels, CFSL form and the sample seal to Sita Ram SI vide entrustment memo. SI Sita Ram sent Ruqa to the police station, where on its basis, formal FIR was recorded, prepared the visual site plan showing the place of recovery, recorded the statements of witnesses, arrested the accused and on return to the police station, produced all the above mentioned articles before Nirmal Singh, Inspector/SHO, who affixed his own seal on all the parcels and thereafter, deposited the case property with seals intact with the MHC. On receipt of chemical examiner's report and after completion of investigation, charge-sheet was laid in the Court for trial of the accused.

(3.) AFTER hearing the learned Additional Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved with his conviction/sentence, he has preferred this appeal.