TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common order CRA-S Nos.1441-SB, 1192-SB & 1587-SB of 2016 are being disposed of. Since all the appeals have arisen from common judgment of conviction and order of sentence dated 16.02.2016 passed by the Judge, Special Court, Patiala, therefore, for the sake of brevity, common facts are being recorded.

(2.) The prosecution story started with the allegations that on 205.2013, the police party headed by ASI Attar Singh was on patrolling duty in government vehicle in search of suspects. The police party was present at the bridge of drain leading from village Mallo Majra to village Dhamo Majra. Barricades were put in order to check the suspects and vehicles passing on the road. In the meanwhile, one Gurnaib Singh son of Bharpur Singh met ASI Attar Singh with whom ASI was engaged in talking. At about 11.00 a.m., one vehicle make Tata 407 came from the side of village Mallo Majra which was signalled to be stopped. One more person was sitting by the side of the driver of the vehicle and two persons were sitting on the plastic bags lying backside in the vehicle. On enquiry, driver of the vehicle disclosed his name as Tarsem Singh and the person sitting by the driver side disclosed his name as Rajinder Kumar. One of the person sitting in the backside of vehicle disclosed his name as Harnek Singh @ Neki and other person disclosed his name as Paramjit Singh @ Pamma.

(3.) In this way driver of the vehicle was identified as Tarsem Singh. The person found sitting by the side of driver was identified to be Rajinder Kumar. The persons sitting at the back of the vehicle were identified to be Harnek Singh @ Neki and Paramjit Singh @ Pamma. When ASI Attar Singh enquired about plastic bags lying in backside of the vehicle, they got perplexed and stated that bags were of animal feed. ASI Attar Singh disclosed his identity to the said persons and showed his suspicion that some narcotic substance was loaded in the vehicle. On being told about their right to be searched before the Gazetted Officer or Magistrate, the said persons expressed their desire to get their search conducted from the Gazetted Officer. Devinder Singh, DSP Samana was requested to reach at the spot and he rushed to the spot and disclosed his identity to the accused. On search of the vehicle make Tata 407 on naka, 15 bags were found containing poppy husk. All the bags were unloaded and were given serial numbers 1 to 15. Two samples of 250 grams each of the 15 boxes were separated as sample parcel. The residual was weighed and the same was found to be 29 kgs. 500 grams in each bag. Separate parcels of samples and residual of poppy husk were prepared and were sealed with the seal bearing impression 'AS' of ASI Attar Singh and 'DS' of DSP Devinder Singh. The seal of DSP was retained by him and seal of 'AS' after use was handed over to ASI Karnail Singh. The case property was taken into police possession. On the basis of ruqa sent by ASI Attar Singh, the FIR was registered. On return to the police station, the accused and the case property were produced before Jaswinder Singh SHO, P.S. Passiana, Patiala, who then deposited the case property with MHC.