RAJ KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is instituted against the judgment dated 25.10.2013 and order dated 26.10.2013, rendered by learned Special Judge, Ferozepur, in Sessions Case No. 43 of 12.3.2010, by appellants Raj Kumar and Naresh Kumar. Accused Raj Kumar, Jagdish Kumar and Naresh Kumar were charged with and tried for the offence punishable under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). Accused Jagdish Kumar expired during the proceedings. However, accused Raj Kumar and Naresh Kumar were convicted and sentenced under Sec. 18 of the NDPS Act to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,20,000.00 each and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year and six months.

(2.) The case of the prosecution in a nutshell is that on 29.9.2009 Sub-Inspector Sukhdev Singh, Incharge CIA Staff, Abohar, along with ASI Tilak Raj and other police officials was holding nakabandi at a distance of 50 karams from the bridge. A car make Indica bearing registration No. DL4CU-1324 came from Matili side. It was made to stop. It was driven by Raj Kumar and Jagdish Kumar (since deceased) was sitting on the front seat of the car, whereas Naresh Kumar was sitting on the rear seat of the car. SubInspector Sukhdev Singh introduced himself to all the three accused. He apprised the accused of their legal right to be searched in the presence of a Gazetted Officer or Magistrate. The accused replied to be searched before the Gazetted Officer. Thereafter, Inspector Sukhdev Singh called Taran Rattan, Deputy Superintendent of Police, Abohar, at the spot. He gave them the option. The search was carried out. Opium wrapped in a glazed paper, which was kept in a water cooler lying in front of the seat of the car, was recovered. Out of the recovered contraband, 10 grams was taken out as sample. The remaining bulk opium was found to be 8.990 kilograms. Sealing process was completed. CFSL Form Ex.P7 was prepared at the spot. Ruqa was sent to the police station. FIR, Ex.P13, was registered. Rough site plan was prepared. Inspector Sukhdev Singh produced all the accused and the case property before Sub-Inspector/ SHO Rattan Singh. He kept the case property in his possession, vide memo Ex.P23. On receipt of the report of Chemical Examiner, Ex.P24, the challan was put up.

(3.) The prosecution examined a number of witnesses in support of the case. The statement of the accused were also recorded under Sec. 313 Crimial P.C. According to them, they were falsely implicated in the case. Accused Raj Kumar and Naresh Kumar were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.