LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-133-DB of 2016 and CRA-D-385-DB of 2016, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment and order dated 08.01.2016, rendered by learned Judge, Special Court, Moga, in Sessions Case No. 151 dated 02.09.2014, whereby appellants Lachhman Singh and Mandir Singh, who were charged with and tried for the offence punishable under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), were convicted and sentenced thereunder to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs.1,25,000/- each, and in default of payment of fine to further undergo rigorous imprisonment for one year.

(3.) The case of the prosecution, in a nutshell, is that on 21.07.2014, Inspector Prem Singh, In-charge CIA Staff, Moga, along with ASI Baljinder Singh, ASI Sukhwinder Singh and other police officials, was on patrolling. At about 2.00 PM, when the police party reached on canal minor bridge, situated on link road leading from village Attari to village Chuhar Chak, then from the side of village Chuhar Chak, one Gypsy of white colour, came at a high speed. The driver got perplexed. He applied brakes. He tried to turn back the vehicle. The Investigating Officer with the help of his companions managed to stop the vehicle. On interrogation, driver of Gypsy bearing registration No. CH 01G 1005 disclosed his name as Lachhman Singh. The person sitting by driver's seat disclosed his name as Mandir Singh. On search of back side of Gypsy, five plastic bags containing some thing were found lying in it. The Investigating Officer told them that there was some intoxicant substance in the plastic bags lying in their Gypsy. Their search and search of the plastic bags was to be conducted. They had legal right to get their search and search of the bags conducted in the presence of some Gazetted Officer or Magistrate. The accused opted to get the search conducted in presence of some Gazetted Officer. In this regard, separate non-consent memos were prepared. It was about 2.30 PM, when the Investigating Officer requested Shri Harpal Singh, Deputy Superintendent of Police (D), Moga, to reach at the spot. The Deputy Superintendent of Police (D), Moga, reached the spot. He disclosed his identity to the accused. He told them that some intoxicant substance was suspected to be there in the plastic bags loaded in their Gypsy. Search of the Gypsy was to be conducted. They were apprised that they had legal right to get their search and search of their Gypsy conducted in presence of some Magistrate or some other Gazetted Officer. The accused reposed confidence in Deputy Superintendent of Police. Their separate consent memos were prepared. On search of plastic bags, poppy husk was recovered. The plastic bags were given serial No.1 to 5. From each bag, two samples of 250 grams each were taken out and made into parcels. Samples were also given serial No.1 to 5, which in all were ten in number. Each bag was found to be containing 29 Kgs. 500 grams of poppy husk. Sample parcels and bulk parcels were sealed by the Investigating Officer with his seal bearing impression "PS". Sample seal impression on form M-29 was prepared separately. The Investigating Officer handed over his seal to ASI Baljinder Singh. Sample parcels, bulk parcels and sample seal impression were taken into police possession through separate memo. Accused were arrested. The sample parcels were sent to the office of Chemical Examiner for analysis. After receipt of report of the Chemical Examiner and completion of investigation, the challan was put up.