MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Being aggrieved by the judgment and order dtd. 21/11/2009 passed by Judge, Special Court, Jalandhar in Sessions Case No.180 of 2007, by which the appellant Manjit Kaur wife of Guru Sant Parkash Singh in CRA-D- No.1041-DB of 2009 and Gurmeet Singh son of Naranjan Singh in CRA-D-No.36-DB of 2010 were convicted for offence punishable under Sec. 15 of Narcotics Drugs and Psychotropic Substances Act (in short, NDPS Act) and sentenced to undergo rigorous and connected case imprisonment for a period of twelve years each and fine of Rs.1,00,000.00 each and in default of payment of fine to further undergo rigorous imprisonment of one year each, the present two appeals were filed by them.

(2.) Briefly stated, the prosecution case was that on 13/7/2004 SI, SHO Onkar Singh of Police Station Bhogpur along with other police personnel were holding a naka at G. T. Road turning Bholath. He received secret information that Gurmeet Singh alias Jeeta and Karnail Singh (PO) were running a trade of selling poppy husk and were having large quantity thereof stored at the residence of Manjit Kaur at village Bhatnura Lubana. With this information they proceed to conduct raid at the residence of Manjit Kaur where DSP Sarwan Singh also reached. Under the supervision of DSP they conducted the raid when they caught red handed accused Gurmeet Singh who was stacking the bags. Karnail Singh alias Suba however ran away from the house of Manjit Kaur. Thereafter search was conducted in the supervision of DSP. Poppy husk weighing 39 kilograms and 500 grams was found from which sample was drawn. All the samples and bags were then taken into police possession and site plan of the house of Manjit Kaur was prepared from where 13 bags of poppy husk were recovered. Thereafter the usual procedure of collection of sample and sending them to FSL was undertaken. The investigation was completed and the challan was presented before the Court. The trial Court thereafter framed the charge under Sec. 15 of the NDPS Act on 21/10/2004 and since the appellants did not plead guilty they were tried. Manjit Kaur was later on arrested on 29/9/2005 and and connected case supplementary challan was filed against her. PW-9 SI Onkar Singh, who lodged the FIR and completed the investigation, was also examined by the prosecution. Learned trial Court after hearing the arguments convicted the appellants as stated above. ARGUMENTS:

(3.) In support of the appeals, the learned counsel for the appellants in both these appeals made the submission that admittedly PW-9 SI Onkar Singh of police station Bhogpur had held naka at G.T. Road Bholath and had lodged the FIR Exhibit PA/1 with ruqa Exhibit PA. Admittedly, after lodging FIR it was PW-9 SI Onkar Singh investigating officer, who throughout conducted the investigation and also filed the challans. He also tendered his evidence before the Court confirming these facts. The counsel for the appellants, therefore argued that the decision in the case of Mohan Lal Vs. State of Punjab, AIR 2018 SC 3853 would squarely apply in the present appeal and both the appellants should be acquitted.