SATWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of above mentioned two connected criminal appeals arising out of the same judgment of conviction and order of sentence dated 22.07.2010 passed by learned Judge, Special Court, Ferozepur, whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for a period 11 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each under Section 15 of the NDPS Act.

(2.) The brief facts of the case are that on 23.04.2003, SI Jagroop Singh, SHO, along with other police officials was present at the main chowk of village Danewala in connection with patrol duty. Then Baljinder singh came there, who was joined in the police party. In the meanwhile, at about 6.00 a.m., a Tata sumo was seen coming from the side of village Bakainwala and Hindumal Kot on metaled road and on seeing the police party, the driver of the Tata Sumo stopped the same at a distance of 200 yards from the chowk. The driver of the vehicle and one more person from other side of the vehicle came out and ran towards the backside in the fields. On suspicion, SI Jagroop Singh chased them and Head Constable Baljinder Singh was left to guard the vehicle. SI Jagroop Singh along with other police officials and Baljinder Singh, private witness, chased both the accused but they could not be arrested and managed to escape. Therefore, SI Jagroop Singh came to Tata Sumo and Baljinder Singh, after reading the number of said vehicle told that the vehicle belongs to Satwant Singh. He further told to SI Jagroop Singh that owner and driver of the vehicle used to bring poppy husk from vend of Hindumal Kot. Search was conducted by the Investigating Officer SI Jagroop Singh. Six bags containing poppy husk from the backside of the vehicle and two bags containing poppy husk from the middle seat of the vehicle were recovered. Two samples of 100 grams each of poppy husk were separated from each bag and their separate parcels were prepared. On weighment, remaining poppy husk found to be 34 kgs. 800 grams in each bag and separate parcels were prepared. All the parcels were sealed by SI Jagroop Singh with his seal bearing impression 'JS'. Sample seal chit was also prepared. Case property was taken into police possession vide recovery memo Ex.P5. Ruqa Ex.P6 was sent to the police station, on the basis of which, FIR Ex.P7 was registered. Statements of the witnesses were recorded. On return to the police station, SI Jagroop Singh kept the entire case property in his safe custody. On 24.04.2003, the case property was produced before learned Magistrate. On 30.04.2003 ASI Manjit Singh arrested accused Satwant Singh and on 03.05.2003, he also arrested accused Narinder Kumar. Nothing was recovered from their personal search. After necessary investigation, challan was presented against the accused-appellants.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C., 1973 Finding prima facie case, the appellants were charge-sheeted under Section 15 of the NDPS Act, to which they pleaded not guilty and claimed trial.