AROOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 49-SB of 2000 filed by Aroor Singh, accused (now appellant) and Criminal Appeal No. 1604-SB of 2002 filed by Nishan Singh, accused (now appellant), arising out of the judgment of conviction and the order of sentence dated 7.12.1999, rendered by the Special Judge, Sonepat, vide which, he convicted the accused (now appellants) for the offence, punishable under Section 18 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 one year each, for having been found in possession of 10 kgs of opium, without any permit or licence.

(2.) THE facts, in brief, are that on 11.2.1991, Inspector Bishan Dass, while posted in C.I.A. Staff, Faridkot, along with other police officials, as also DSP Bachan Singh Randhawa, was going from village Mehna towards village Takhanwadh via link road, in connection with the search of terrorists and recovery of illicit arms and when the Police party was still at a distance of 30-35 karams, from the canal minor bridge, in the area of village Nathuwala Jadid, both the accused came, on a motor cycle, from the opposite side. On noticing the Police party, they tried to retreat, but were apprehended. Aroor Singh, accused, was driving the motor cycle and Nishan Singh accused, was sitting on the pillion. They were apprehended by Inspector Bishan Dass, with the help of other Police officials,. The gunny bag, being held by Nishan Singh, in his hand, was searched in the presence of DSP Bachan Singh Randhawa, as a result whereof 10 kg opium was recovered therefrom. A sample of 20 grams was separated. The sample and the remaining opium were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, FIR was registered. The accused were arrested. Site plan was prepared. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined MHC Baljinder Singh, PW1, SI Tehal Singh, PW2, HC Mukha Singh, PW3, and DSP Bachan Singh Randhawa, PW4. PWs Inspectors Harcharan Singh and Bishan Dass were reported to have died, during the course of trial and could not be examined. Thereafter the Public Prosecutor for the State, closed the prosecution evidence.