GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of above mentioned two appeals which have been referred against judgment of conviction and order of sentence dated 25.4.2008 passed by the Judge, Special Court, Ludhiana (hereinafter described as 'the trial Court') vide which the appellants have been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. one lac each and in default of payment of fine, to undergo further rigorous imprisonment of one year each.

(2.) BRIEF facts of the case against the appellants are that on 4.1.2004, a police party headed by Sub Inspector Dharam Pal, Station House Officer, Police Station, Raikot was present at Hari Singh Nalwa Chowk, Raikot in connection with special nakabandi. Assistant Sub Inspector Jaswant Singh, Incharge of Police Post, Jaladibad along with other police officials also came there. In the meantime, a secret information was received that the appellants and some other persons were habitual in bringing opium from Rajasthan and selling the same in that area and if nakabandies are conducted at various places, they could be apprehended. Therefore, different police parties were prepared. The party headed by Sub Inspector Dharam Pal was present at Seelowani Road, Raikot near the bridge of the drain. Kulwant Singh son of Major Singh, an independent witness, came and he was joined with the said police party. When the suspected persons were being checked, appellant-Gurpal Singh came on a scooter from the side of village Seelowani along with appellant-Amarjit Kaur riding on the pillion. They were signalled to stop. Appellant-Amarjit Kaur was carrying a jhola (bag) in her right hand. After introducing himself, Sub Inspector Dharam Pal desired to search the jhola and asked the appellants as to whether they wanted to be searched in the presence of some gazetted officer or a Magistrate, to which they replied that the search be conducted in the presence of a gazetted officer. Thereupon, a message was sent by wireless to the Deputy Superintendent of Police, Raikot, who came to the spot and after introducing himself, conducted the search of the appellants. Opium wrapped in a glazed paper was recovered from the jhola carried by appellant-Amarjit Kaur. Two samples of 10 grams each were separated from the recovered opium and the remaining bulk came to be 4 kgs. 980 grams on weighing. The samples and the remaining opium were separated, made into parcels and were sealed with the seals of Sub Inspector Dharam Pal and Deputy Superintendent of Police, Shri H.S.Brar, bearing impressions 'DP' and 'HS' respectively. The seal of Sub Inspector Dharam Pal, after use, was handed over to Kulwant Singh, witness. Separate impressions of the seals were also prepared. The samples, the remaining case property and the scooter were taken into possession vide recovery memo, Exhibit PB. The appellants were apprehended and after completion of investigation, a challan was presented against them.

(3.) TO establish its case against the appellants, the prosecution examined as many as five witnesses and tendered the report of Chemical Examiner into evidence as Exhibit-PQ.