PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment I dispose of two criminal appeals Nos. 508- SB of 1995 (Pritam Singh v. Punjab State) and 440-SB of 1995 (Balwinder Singh and another v. State of Punjab) as in the opinion of this court, both the appeals can be disposed of by one judgment because both these appeals have arisen from one common judgment dated 13.7.1995 passed by the court of Addl. Sessions Judge, Barnala, who convicted the Pritam Singh and Jarnail Singh, appellants u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") while Balwinder Singh was convicted u/s 15 read with Section 25 of the Act. Vide order dated 18.7.1995, Pritam Singh was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, he was further directed to undergo R.I. for 2-1/2 years. Balwinder Singh was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, he was directed to undergo further R.I. for 2-1/2 years. This appellant was also sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, he was again directed to undergo R.I. for 2-1/2 years. Similarly, Jarnail Singh, appellant was sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac each; in default of payment of fine, Jarnail Singh was directed to undergo R.I. for 2-1/2 years. The learned trial court further held that the substantive sentences awarded to Balwinder Singh shall run concurrently.

(2.) THE brief facts of the case can be summarised in the following manner :-

(3.) IN order to substantiate the charge, the prosecution examined ASI Vas Dev, PW-1, who deposed that on 28.4.1994, he was posted as Reader to S.S.P., Barnala. On that day, Constable Malkiat Singh had brought the special report of this case. On that day the SSP was Shri Jagdish Kumar. The signatures of the SSP were identified by this witness. In this manner he proved the special report of this case. PW-2 Harbhajan Singh, DSP, deposed about the factum of recovery by stating that on 28.4.1994 at about 5.30 A.M. he held a picket at the bridge of the canal minor within the revenue limits of Village Chhiniwal Kalan. SHO Nachhattar Singh and others besides one Sardara Singh were also present with him and at about 5.30 A.M., one truck bearing registration No. PAT-8653 came from the side of Village Moom. It was stopped. As per this witness, he had suspicion about the same. This witness further deposed that the truck was being driven by Pritam Singh while Balwinder Singh and Jarnail Singh were sitting along with him in the truck. It has been further testified by Harbhajan Singh that in his presence the SHO enquired from the accused that the truck was to be searched as he had the suspicion about the same. He further told the accused that the DSP was also with him. Upon this, the appellants told to Nachhattar Singh, SI, that he could search the truck as they had reposed confidence in him. Further, the SHO recorded the statements of each of the appellants vide Exs. PC, PD and PE, and, thereafter, the poppy husk lying in 30 bags, which were concealed underneath 100 bags of Khal were recovered. Harbhajan Singh also stated how the samples were drawn and how the case property was sealed and taken into possession. PW-3 Nachhattar Singh deposed with regard to the detection of the truck by stating that it was stopped by him on suspicion and he told to the accused that he had the suspicion that something incriminating was in the truck and the same was to be searched. It has also come in the statement of Nachhattar Singh that if the appellants so wanted, the search could be taken in the presence of a gazetted officer or a Magistrate. The appellants were also informed that DSP Harbhajan Singh was also present with him. The accused reposed confidence in the DSP and their statements, Exs. PC, PD and PE were recorded. Those statements were read over and explained to the appellants to which they signed. PW Sardara Singh, the independent witness, who was in the Nakabandi party, was given up by the prosecution on 11.3.1995 as won over. The prosecution also tendered into evidence the report of the Chemical Examiner, Ex. PU, besides the affidavits of the formal witnesses and closed the case.