HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

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

(2.) Criminal Appeal No.D-159-DB of 2015 has been filed by Hardip Singh and Criminal Appeal No.D-219-DB of 2015 has been filed by Surinder Kumar Uppal against their conviction and sentence vide judgment and order dated 27.11.2014 rendered by the Judge, Special Court, Amritsar in case FIR No.277 dated 20.12.2009 under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). The appellants along with one Ranjit were charged with and tried for the said offences. The appellants have been convicted under Section 22 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of Rs.1,00,000/-, each and in default to further undergo imprisonment for a period of one year. Ranjit Singh was acquitted of the charges.

(3.) The case of the prosecution in a nutshell is that on 20.12.2009 SI Rajbir Singh Incharge CIA staff Amritsar Rural along with other police officials had laid a picket at the turn of Tarn Taran Bye Pass, G.T. Road, Jandiala. At about 1.30 PM one truck PB-02-D-9723 came from Amritsar side. On being signalled to stop the driver stopped his truck and came down. He disclosed his name as Ranjit Singh. In the mean time, one clean shaved person and one turbaned person having cardboard boxes on their heads got down from the back of the truck and tried to run away. The police went after them. The turbaned person was apprehended but the clean shaved person (Surinder Kumar Uppal s/o Chaman Lal) who was earlier known to SI Rajbir Singh threw the cardboard box on the ground and managed to escape through the fields. The arrested person disclosed his name as Hardip Singh son of Mustan Singh r/o Butala. He also revealed that the person who had run away from the spot was Surinder Kumar Uppal r/o Khalchian. SI Rajbir Singh introduced himself to the truck driver Ranjit Singh and Hardip Singh. He apprised them of their legal right to be searched in the presence of a Gazetted Officer or Magistrate. Ranjit Singh reposed confidence in him and agreed to get himself searched from him. Consent memo Ex.P2 in this regard was prepared. Hardip Singh stated that he wanted himself to be searched before Gazetted Officer . The non consent memo Ex.P1 of accused Hardip Singh was prepared. Amrik Singh Pawar, DSP, Baba Bakala was called. The personal search of accused Ranjit Singh was conducted by SI Rajbir Singh in the presence of other police officials. One mobile phone make 1650 Nokia was recovered from the right pocket of his trousers and one purse which contained his driving license and currency notes of Rs.50/- was recovered from the back side pocket of his trouser. The personal search memo Ex.P3 was prepared. From the search of cabin of the truck one permit part B was recovered. The truck along with permit was taken into possession vide seizure memo Ex.P4. At about 2.05 PM Amrik Singh Pawar, DSP Baba Bakala reached the spot. He disclosed his identity to accused Hardip Singh. He apprised Hardip Singh of his legal right to get himself searched from some Magistrate or from some other Gazetted Officer. Accused Hardip Singh reposed confidence in him. His consent memo Ex.P5. On search of the cardboard box in the possession of Hardip Singh, intoxicant capsules and tablets wrapped in different poly bags namely 1800 capsules of Parmodex, 400 capsules of Parvon Spas, 720 capsules of Spasmo Proxyvon, 1000 tablets of Dexovon, 14000 tablets of Microlit and 1000 tablets of Nitrazepam were recovered. From them 10/10 capsules/tablets each were taken out as sample. They were converted into 2/2 sample parcels. All these twelve parcels and remaining six bulk parcels were sealed by SI Rajbir Singh and DSP Amrik Singh Powar with their seal impression RS and AS. Relevant portion of Form M-29 was filled. SI Rajbir Singh handed over the seal after use to SI Surinder Mohan. The DSP kept his seal with him.