JASKARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jaskaran Singh, Nanak Singh and Daljit Singh were tried in case FIR No. 141 dated 10.10.2005 registered at Police Station Sadar, Moga under Sections 15(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act'). Jaskaran Singh and Nanak Singh have been convicted under Section 15(c) of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac each and in default of payment of fine, they were to undergo rigorous imprisonment for 11/2 years. Daljit Singh alias Bhola was convicted under Sections 25 read with Section 15(c) of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for 1-1/2 years. Appellants Jaskaran Singh and Nanak Singh were found in possession of 56 Kg. of poppy straw while they were travelling in Tavera vehicle bearing registration No. PB-29E-6369 owned by Daljit Singh co- accused. The vehicle Tavera bearing aforesaid registration number was ordered to be confiscated to the State. The present appeal has been filed against the conviction and sentence by all the appellants. No appeal against confiscation of Tavera vehicle has been filed.

(2.) FIR Ex.P7/A was recorded by MHC Gurmel Singh PW9 on the basis of ruqa Ex.P7 sent by SI Mohan Lal PW-1.

(3.) PROSECUTION examined SI Mohan Lal as PW-1. He had prepared ruqa Ex.P7 on the basis of which formal FIR was recorded. He gave the report regarding stopping of vehicle, giving offer to the appellants to get themselves searched before a Magistrate or a Gazetted Officer and prepared consent memo Ex.P1. He also stated regarding joining of independent witness Gurdev Singh. He also deposed regarding drawing of samples at the spot, weighment of the narcotic substance and handing over of the seal impression Ex.P3 to ASI Bikar Singh. Thereafter he submitted that accused along with the case property were produced before SI Ajaypal Singh, SHO, Police Station Sadar, Moga. In further examination-in-chief, he stated that as per statement of Mahesh Kumar, Clerk, Office of D.T.O. Moga, Tavera vehicle bearing registration No. PB-29-E-6369 was owned by Daljit Singh appellant. He further stated that on receipt of report of Chemical Examiner Ex.P13, challan against the accused was submitted. In cross-examination he admitted that he had not prepared the log book of the vehicle used for patrolling in present case. He stated that they were travelling in a Mini bus. During cross-examination he admitted that seal was returned to him after 2-3 days of the occurrence and he had sent the ruqa at 10.00 A.M. and Hari Singh returned at the spot after obtaining number of the FIR at 1.00/1.30 P.M. He further admitted that he had not filled up the CFSL form. He further admitted that seal was returned after 2-3 days by ASI Bikar Singh. He further stated that when the samples were sent by the SHO for testing purpose, seal was with him.