MANDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 1729-SB of 2005 filed by Mandip Singh accused and Criminal Appeal No. 2255-SB of 2005 moved by Beeta Kumar accused as these have arisen out of the judgment dated 15.9.2005/ order of sentence dated 16.9.2005 passed by the Court of learned Special Judge Ferozepur, whereby he convicted and sentenced the above-mentioned accused to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine, the defaulter to undergo further rigorous imprisonment for a period of one year.

(2.) SHORTLY put, the facts of the prosecution case are that on 16.4.2003 ASI Sukhmander Singh amongst other police officials happened to be present at Danewala Chowk being on patrol duty while in official gypsy No. PB-05/3087. ASI received secret information that the accuscd Mandip Singh, accused Hira Singh, accused Beeta Kumar alias Bitu and the accused Sukhjindcr Singh Dhillon were indulging in the sale of poppy husk by using Maruti Van No. PB-08AJ-1820 and that the poppy straw was being supplied in the area of Punjab to the aforesaid accused by Ram Sarup Munda resident of Himatpura, Police Station Sadar Abohar as well as Vijay Kumar resident of Sangria, who were salesmen of the contractor of poppy husk belonging to Hindumal Kot and that the accused were further loading the poppy straw in their van. On receipt of this information, the aforesaid ASI alongwith other police officials was proceeding to hold Naka on the bridge of seepage drain in the area of Village Danewala on pucca road leading to Village Bakenwala. The police party came across one Ram Sarup a public man. He was associated with the police party. Thereafter, the police party including aforesaid Ram Sarup laid naka at the aforesaid bridge of seepage drain. On receipt of wireless message, Rakesh Kumar Aggarwal ASP Abohar came there. Around 6:15 A.M., the afore-mentioned Maruti Van was spotted approaching from the side of Village Bakenwala. The ASI gave signal to the van to stop but it did not halt. HC Gian Chand and Constable Bhagwan Chand who were standing on the other corner of the bridge made use of their dangs in order to stop the same. Thus, the van was made to stop. Two occupants made themselves scarce. The accused Mandip Singh was driving the van, whereas accused Beeta Kumar alias Bittu was sitting by his side. They were nabbed. They disclosed that the escapers were Sukhjinder Singh Dhillon and Hira Singh. The ASI told the aforesaid accused that the bags lying in the Maruti Van were suspected to contain some contraband and their search was to be carried out. They should tell as to whether they want to have their search from him or a Gazetted Officer. They opted to have the search in the presence of a Gazetted Officer. In the meanwhile Rakesh Kumar Aggarwal ASP introduced himself to both the accused by disclosing that he was a Gazetted Officer of the Police Department and posted at Ahohar. He also asked the accused to tell whether they want to have the search of the van either from him or in the presence of a Magistrate. They reposed confidence in him. On search of' the van, six bags containing poppy straw were recovered. 100 grams of poppy husk was drawn from each bag to serve as sample and converted into parcels. The remainder of each bag when weighed came to 29 kg 900 rams, which was also turned into parcels These parcels were sealed with seal bearing impressions "SS- as well as "RA". 'The specimen seal impressions of both the seals were prepared. ASI Sukhmander Singh handed over his own seal after use to HC Sahara Singh. The case property including the sample parcels was seized vide separate recovery memo. The Maruti Van was also taken into possession vide a separate memo. Ruqa was sent to the Police Station, where on its basis formal FIR was registered. Both the accused were put under arrest. Gurvinder Singh alias Hira Singh accused was arrested on 7.5.2003. The accused Sukhjinder Singh was got declared a proclaimed offender. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) TO bring home guilt against the accused, the prosecution examined PW 1 SI Jagroop Singh, PW2 Rakesh Aggarwal SP, PW3 Sarabjit Kaur Junior Assistant, Office of District Transport Officer, Jalandhar PW4 Constable Harbans Singh, PW5 ASI Sukhminder Singh, PW6 HC Sahara Singh and closed its evidence. When examined under Section 313 of Cr.P.C. all the accused denied the incriminating circumstances appearing in the prosecution evidence against them. However, Mandip Singh as well as Beeta Kumar put forth that they had gone to a "Marhi" (tomb), a religious place in District Hanumangarh and on their way back, they were arrested from the bus stand of Abohar and falsely implicated in this case. The accused Gurvindcr Singh came up with the plea that he was not called by the name of Hira Singh. Village Rurka Kalan being a sufficiently large village, there were other persons by the name of Hira Singh and that he has been falsely implicated in this case by substituting him in the place of Hira Singh. The accused Sukhjinder Singh pleaded that his name was Tirath Singh and his father's name was Santokh Singh. He was never known as Sukhjinder Singh alias Dhillon nor his father's name was Sokhi Commrade. When the police arrested him, he told his name as Tirath Singh son of Santokh Singh, but the police forcibly made him to sign as Sukhjinder Singh on 2-3 papers and showed him as accused in this case. That he was not travelling in the Maruti Van as alleged and has been falsely implicated in this case. In his defence, Gurvinder Singh accused examined DW1 Piara Singh, Head Master Government High School, Rurki, District Jalandhar, DW2 Manjit Singh Dhesai, Inspector Food and Supply Grade-II, DW3 Tarlok Singh Panchayat Secretary, DW4 Mella Singh Ex- Sarpanch of Village Rurka Kalan. His co-accused examined DW5 Constable Harvinder Singh. DW6 Kulwant Kaur, clerk of the office of DTO, Jalandhar.