RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment I will dispose of two criminal appeals i.e. Criminal Appeal No. 313-SB of 1996 titled as Ranjit Singh v. State of Punjab and Criminal Appeal No. 364- SB of 1996 titled as Gurmeet Singh v. State of Punjab as both the appeals have arisen from one and the same judgment dated 3.4.1996 and order dated 4.4.1996 passed by the Court of Additional Sessions Judge, Barnala who convicted the appellants under Section 15 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. I lac each. In default of payment of fine, each one of the appellant was directed to undergo rigorous imprisonment for a period of six months. Ranjit Singh was also sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, he was further directed to undergo rigorous imprisonment for a period of six months under Section 25 of the N.D.P.S. Act. Sentences of Ranjit Singh were ordered to run concurrently.

(2.) Brief facts of the case are that on 4.2.1993 S.I./S.H.O. Surinderpal Singh of Police Station Tapa along with ASI Baldev Singh, HC Gurjit Singh, Chowkidar Inder Singh and other police officials was holding a picket in connection with search of the suspects on the bridge of canal minor in the area of village Rureke Kalan on the main Mansa-Barnala road and in the meantime truck bearing no. DEL-2522 came from the side of Mansa which was stopped on suspicion. The driver disclosed his name as Gurmeet Singh and the person sitting by the side of driver disclosed his name as Ranjit Singh. The Investigating Officer asked both the accused that the truck was to be searched and if they so desired the search could be conducted in the presence of a Gazetted Officer or a Magistrate but the appellants reposed confidence in him and in that respect statements of Ranjit Singh and Gurmit Singh Ex. PD and Ex. PE respectively were recorded which where thumb-marked by the accused. S.I. Surinderpal Singh then got removed the tarpaulin and searched the truck and bags of poppy husk were 35 in numbers and the bags of P.V.C. were 360 in numbers. Sub Inspector Surinderpal Singh took two samples of 250 grams each from all the 35 bags of poppy husk and made them into separate parcels and numbered them from 1 to 35 and 1-A to 35-A and sealed them with his seal bearing inscription SPS. Residue was weighed it was found to be 34.500 Kilograms in each bag and the bags were numbered 1 to 35 and were sealed with his own seal. He also prepared sample impression of the seal used which is Ex. PF and seal after use was entrusted to ASI Baldev Singh. All the sample parcels, bags of poppy husk and bags of PVC powder along with the truck were taken into possession vide memo Ex. PG. Accused could not produce any licence or permit for possession of poppy husk. So ruqa Ex. PL was sent for the registration of the case on the basis of which formal F.I.R. Ex. PL/1 was recorded by MHC Lakhwinder Singh. Accused Lakhwinder Singh also produced copy of the Registration of the truck which was in the name of Ranjit Singh and he also produced Driving Licence bility papers regarding PVC powder and the same were taken into possession vide memo Ex. PH. From personal search of accused Ranjit Singh Rs. 210/- were recovered which were taken into possession vide memo Ex. PK. and from search of accused Gurmeet Singh Rs. 90/- were recovered which were taken into possession vide memo Ex. PJ. The Investigating Officer also prepared rough site plan Ex. PL with correct marginal notes of the place of recovery and also recorded statements of the witnesses. On return to the Police Station, he deposited the case property with seals intact with MHC Lakhwinder Singh. On 5.2.1993, S.I. Surinderpal Singh received the case property from MHC Lakhwinder Singh and produced the same before the Illaqa Magistrate and produced the same before the Area Magistrate and again deposited the same with MHC Lakhwinder Singh on the same day with seals intact. Samples of the poppy husk were sent to the office of the Chemical Examiner who declared the contents as poppy husk and on completion of the investigation of the case, the accused were challaned in the Court of Area Magistrate who supplied copies of the documents to the accused as required under law and vide commitment orders dated 1.10.1993 committed the accused to the Court of Sessions to face trial. Vide orders dated 27.10.1993 both the accused were charge-sheeted under Section 15 of the N.D.P.S. Act. Ranjit Singh was further charge-sheeted under Section 25 of the N.D.P.S. Act. The charges were read over and explained to the accused to which they pleaded not guilty and claimed a trial.

(3.) In order to prove the charges, prosecution examined Kishan Lal (PW.1) who simply stated that he had issued GR in respect of 360 bags of PVC resin SR 10 which is Ex.P.I. in respect of the bags which were were loaded on truck No. DEL 2522 on 1.2.1993 from Quota for Hussainpura (Ludhiana). Gurmeet Singh was driver of the truck while Ranjit Singh was owner of the truck and he was with the truck at that time. The Statement of ASI Gurdit Singh (PW.2) is to the effect that on the day of the recovery he was one of the members of the police party along with chowkidar Inder Singh and from the truck in question 35 bags of poppy husk were recovered and at the time of recovery Gurmeet Singh was driving the truck while accused Ranjit Singh was sitting by his side. Investigating Officer Surinder Pal Singh, S.H.O. appeared as PW.3 ASI Baldev Singh was given up on the plea that he had gone abroad and his whereabouts are not available. Chowkidar Inder Singh was given up by the prosecution on the plea that he was won over by the accused. Finally prosecution tendered in evidence affidavits of formal witnesses besides report of the Chemical Examiner Ex.PA.