HARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid four appeals, arising out of the judgment dated 12. 12. 2000, rendered by the Judge, Special Court, mansa, vide which it convicted all the accused/appellants, for the offence punishable under Section 15 of the Narcotic Drugs and psychotropic Substance 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. 1,00,000 each, and in default of payment of the same, to undergo further rigorous imprisonment for a period of two years each.

(2.) ON 21. 10. 1996, the police party, headed by Hardam Singh, Asst. Sub-Inspector, was on patrol duty and general checking. The police party was going in Government Canter no. PB-03-6612 in connection with holding a picket (nakabandi ). When the police party was present at Kanchia Chowk, sardulgarh, a Maruti Van bearing No. PCX-6941, came from the side of village Khera khurd. A signal was given to stop the van, as a result whereof, the said van stopped. It was noticed, that besides the driver, one more person, was sitting on the front seat, while on the back side, one male and two females were also sitting. In the back portion of the vehicle, four bags containing poppy-husk were found lying. The accused were told by Hardam Singh, Asst. Sub Inspector, that the police wanted to search the vehicle, and whether they wanted to get their search conducted, in the presence of a gazetted Officer, or a Magistrate. Baljit singh, Jasgir Singh, Sewak Singh, Rani kaur and Harjit Kaur, gave their option that the search of the gunny bags be conducted before a Gazetted Officer. Thereafter, a wireless message was sent to the Deputy superintendent of Police, namely Iqbal singh, to come to the spot. In the meanwhile, Ram Lal, a public witness, passed that way on a cycle. He was joined with the police party. After sometime, the Deputy Superintendent of Police also reached the spot. In the presence of Iqbal Singh, Deputy Superintendent of Police, and, under his directions, the bags lying in the Maruti Van were searched, and the same were found containing poppy-husk. Each bag was found containing 35 kilogram of poppy-husk. The samples were taken. The samples, and the bags containing the remaining poppy-husk, were sealed with the seal bearing impression 'hs', and were taken into possession, vide recovery memo prepared on the spot. Inventory of the case property was also prepared. The site plan of the place of recovery was also prepared. The accused were arrested. On reaching the Police Station, the entire case property was deposited with the station House Officer, on the same date, in intact condition. The samples were sent to the Chemical Examiner for test. The Chemical Examiner sent his report to the effect that the samples contained Chura Poppy heads. After the completion of investigation, the challan was presented.

(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 them, to which they pleaded not guilty and claimed trial.