RAFEEQ AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Apellants are in the appeal against the judgment, convicting the appellants under Section 15 of the Narcotic Drugs and Psychotrpic Substances Act, 1985 ('the NDPS Act' for short) and sentencing them to undergo rigorous imprisonment for a period of 10 years each and also a fine of Rs.1 lac upon each of the appellant. In default of payment of fine, the appellants would further undergo rigorous imprisonment for a period of 2 years.

(2.) The case set up by the prosecution is that on 15.2012, Sub Inspector Jagdish Kumar, Incharge, CIA Staff Mansa along with other police officials had set up a checking point (Naka) to check bad elements and narcotic substances near Canal Bridge of Ghaghar River on the main road of Village Bhagwanpur Hingna-Lohgarh. Jagdev Singh Panch, son of Jangir Singh, resident of Village Narinderpura, per chance reached there and started talking to Sub Inspector Jagdish Kumar. During this time, one white coloured Bolero vehicle was seen, coming from the side of Lohgarh and on suspicion, was given signal to stop. The vehicle was having registration number MP-14-GB-0533. The vehicle appeared to be loaded with something which was covered with mattresses and two young men were found sitting upon the mattresses. On enquiry, Driver disclosed his name as Rafeeq, whereas two persons sitting on the mattresses disclosed their names as Suresh Kumar and Farooq. Jagdish Kumar, Sub Inspector, informed all the three persons that he suspects that they were carrying some contraband and he intends to conduct search. He apprised all of them of their right to get the search conducted in the presence of a Gazetted Officer or a Magistrate, who can be called at the spot or they can be taken along with the vehicle. However, the appellants expressed their desire to get the search conducted in the presence of a gazetted officer, upon which Sub Inspector Jagdish Kumar prepared a non consent memos and got them signed.

(3.) A message via wireless was given to Deputy Superintendent of Police Sardulgarh, namely Satnam Singh requesting him to come on the spot. DSP Satnam Singh had reached there and apprised all of three appellants respectively about his identity, place of posting and being gazetted officer. He also apprised all of them that police party suspects some narcotic substance in their possession and intends to conduct their personal search as well as search of their vehicle. All the three appellants reposed confidence in the DSP and expressed their desire to get themselves searched from DSP. Their consent memos were prepared and got signed.