SANJEEV KUMAR ALIAS RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 12.12.2014 rendered by the Judge, Special Court, Patiala in Sessions Case No.438/13 of 2011 whereby the appellant, who alongwith co-accused Harmeet Singh was charged with and tried for offence punishable under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (in short ' NDPS Act ') has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.1,50,000/- and in default to further undergo simple imprisonment for a period of one year. Harmeet Singh has been acquitted.

(2.) The case of the prosecution in a nutshell is that on 03.02.2011 Sub- Inspector Sarabjit Singh SHO, P.S. Bhadson along with SI Maghar Singh, ASI Harminder Singh and other police officials was on patrolling duty in a private vehicle. They were present at Tarkheri Chowk Bhadson where Shakti Kumar S/o Narayan Dass R/o Bhadson came and joined them. At about 11:30 PM one TATA 407 was seen coming from Sirhind Road side which was being driven by one gentleman with trimmed hair. Another gentleman with trimmed hair was sitting on the seat adjoining the driver seat. Inspector Sarabjit Singh signalled it to stop. The occupants stopped the TATA 407, opened its window and ran away. SI Sarbjit Singh apprehended the driver of the vehicle with the help of police party. The other person ran away. The driver disclosed his name as Sanjeev Kumar @ Rana S/o Surinderpal Singh R/o Kacha Machhiwara. He disclosed the name of the person who had run away from the spot as Dev Pandit R/o Village Punia. SI Sarabjit Singh disclosed his identity to accused Sanjeev Kumar and that he had suspicion that accused was carrying some narcotic substances in the vehicle TATA-407 in jute bags and that he intended to search the vehicle. Accused was informed of his legal right to get the search conducted in the presence of a gazetted officer or a magistrate who could be called at the spot. Accused Sanjeev Kumar did not respose faith in SI Sarabjit Singh and his dissent statement Ex.PE was recorded. Thereafter, SI Sarabjit Singh sent a wireless message to Arshdeep Singh Gill, DSP Nabha who reached the spot. DSP Arshdeep Singh Gill disclosed his identify to the accused Sanjeev Kumar and informed him about his intention to search the vehicle which was suspected to be carrying some narcotic substance. Accused was also appraised of his legal right to get search conducted in the presence of another gazetted officer or a magistrate who could be called at the spot. The accused reposed faith upon DSP Arshdeep Singh Gill. The consent statement of accused Sanjeev Kumar Ex.PC was recorded.

(3.) On the direction of DSP Arshdeep Singh, SI Sarabjit Singh conducted the search of TATA 407 bearing No.PB-10T-9605. 23 bags containing poppy husk were recovered. They were marked as serial no. 1 to 23. Thereafter two samples of 250 gram each were taken from each bag. These total 46 samples were separated. Each bag on weightment thereafter was found to contain 34kg 500 gram of poppy husk. Sample chit Ex.P1 was prepared. SI Sarabjit Singh sealed the 46 sample parcels and 23 bulk parcels including Ex.P1 with his seal bearing impression 'SS'. They were taken into police possession vide memo Ex.PD. DSP Arshdeep Singh also affixed his seal 'AS' on the sample parcels and bulk parcels. SI Sarabjit Singh handed over his seal to SI Maghar Singh after use. TATA-407 bearing no. PB-10T- 9605 was also taken into police possession vide memo Ex.PF. SI Sarabjit Singh sent ruqa Ex.PW8/A through HC Harish Kumar on the basis of which formal FIR Ex.PW8/B was registered by ASI Baljinder Kumar. He prepared rough site plan vide memo Ex.PW8/C.