AMARTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals are instituted against judgment and order dated 04.07.2016 rendered by the Judge, Special Court, Ludhiana, in Sessions Case No.115 of 15.11.2013 whereby the appellants, who were charged with and tried for offences punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and Sections 465, 471, 482 read with Section 34 of the Indian Penal Code (in short 'IPC'), were convicted and sentenced as under:-

(3.) The case of the prosecution, in a nutshell, is that on 17.05.2013 Investigating Officer PW-4 Rachhpal Singh along with SI Sarabjit Singh and other police officials was going on main road Moga, Jagraon Gurusar Kaunke, Gate from village Galib Kalan via link road on official vehicle in connection with patrolling. When the police party was short of half kilometer from village Galib Kalan, from main road side, one canter 1109 bearing No.HR-04GA-1099 came. Four persons were occupying the same. Investigating Officer stopped the vehicle. He ascertained the identity of the occupants of the canter. All the four accused disclosed their identity. Tarpaulin was laid on the body of canter. Bags were noticed lying inside the canter. Investigating Officer disclosed his identity. He apprised them of their legal right about search. Their non consent memos were recorded vide Ex.PW2/A to Ex.PW2/D. Investigating Officer made call to DSP(D) on mobile phone. DSP(D) Tarun Rattan reached the spot. Consent memos Ex.PW2/E to Ex.PW2/H were signed. Canter was searched. It contained 91 bags of poppy husk. Bags were marked as Sr.No.1 to 91. Two samples of 100 grams each were taken out from said bags. 182 sample parcels were prepared and marked as Sr.No.1A, 1B to 91A, 91B. Remaining poppy husk weighing 39 kg. 800 grams in each bag was also converted into parcels. Investigating Officer sealed sample parcels and bulk parcels with his seal bearing impression 'RS'. DSP also put his seal bearing impression 'TR'. Form No.29 was filled at the spot. Investigating Officer sent ruqa through HC Kabal Singh. He prepared rough site plan. Investigating Officer produced the case property along with accused before ASI Nirbhai Singh, officiating SHO. The case property was taken into possession. He put his seal bearing impression 'NS'. On 18.05.2013 SI Sarabjit Singh took whole case property from MHC Kuldeep Singh for inventory purpose. SDJM passed order Ex.PW2/6 in the presence of accused. Case property was brought back to the police station. Disclosure statements were made by the accused. One Bolero car was separately taken into possession. An application was filed for verification of the canter. The case property was sent for chemical examination. Challan was put up in the Court after completing all the codal formalities.