JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common order, CRA-S No.2249-SB of 2008 (O&M) and CRA-S No.133-SB of 2010 (O&M) are being disposed of.

(2.) Both the appeals have been arisen from the same judgment of conviction dated 03.10.2008 and order of sentence dated 04.10.2008 passed by the Special Judge, Ferozepur convicting and sentencing the appellant(s) under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act'). Accused have been sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay fine of Rs.1 lakh each along with the default mechanism. Since both the appeals involve similar controversy, therefore, for brevity facts are being culled out from CRA-S No.2249-SB of 2008.

(3.) The prosecution story started with the allegations that on 06.09.2002, the police party headed by ASI Ranjit Singh was present on the low lying area towards eastern side of kacha path towards village Bhagu i.e. kacha path leading from Bhagu to village Kular near the bridge of the canal. The police party was present in connection with special naka. At about 3.00 p.m., a white colour car make Maruti bearing registration No.PB-26-0966 came from the side of village Kular. On being signalled by ASI Ranjit Singh, the car was stopped. The accused persons came out from the car and tried to ran away. Accused Jaspal Singh (driver of the car) was apprehended, whereas second accused succeeded in fleeing from the spot. His name came to be known subsequently as Sukhwinder Singh @ Ghuk son of Virsa Singh. ASI Ranjit Singh told accused Jaspal Singh about his suspicion of having some contraband present in the car. He wanted to conduct search of the accused as well as the car for which accused was apprised of his right to be searched before the Gazetted Officer or Magistrate. Consent memo Ex.P-1 was prepared. The accused opted for his search in the presence of Gazetted Officer. Sh. Rakesh Aggarwal, ASP was informed, who reached at the spot in his official gypsy and introduced himself to the accused as Gazetted Officer of the Police. He gave him the offer whether the accused wanted to be searched by him or before some other Gazetted Officer or the Magistrate. The accused reposed faith in him. Consent memo Ex.P-2 was prepared. Thereafter, as per directions of the ASP, search of the car was conducted by ASI Ranjit Singh, which led to the recovery of three bags containing poppy husk. 250 grams of poppy husk was separated from each bag and remaining poppy husk in each bag on being weighed was found to be 39.750 kgs. All the three bags and samples containing poppy husk were separately packed, sealed and were taken in police possession. Seals were affixed by ASI Ranjit Singh and the Gazetted Officer ASP Rakesh Aggarwal. A ruqa was sent to the police station and thereafter formal FIR Ex.P-9 was registered against the accused.