BALWANT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 8.8.1997 passed by Additional Sessions Judge, Sangrur who convicted the appellant under section 15 N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac and in default of payment of fine, he was directed to undergo R.I. for 2 years.

(2.) BRIEFY , the prosecution case is as under :- On 24.9.1994 ASI Sampuran Singh, alongwith ASI Surinder Pal Singh, Head Constable Satnam Singh, C II Harinder Singh and other police officials in Government No. PB.13B/7003 accompanied by its driver Constable Baljit Singh, during the patrol duty and checking of bad elements, was present in village Ahan Kheri, ASI Sampuran Singh received secret information that Balwant Rai present appellant resident of Dhadogal was selling poppy husk in whole sale and on preceding night near the Tibbas in village Faridkot Kalan from a tempo bags of poppy husk were alighted and the accused was waiting for the customers and if a raid is conducted accused could be apprehended and poppy husk in large quantity could be recovered from him. On receipt of this secret information, Shri Pritpal Singh, Superintendent of Police, Malerkotla was requested through the wireless message to reach the spot. Lal Singh son of Mall Singh, Chowkidar of village Ahan Kheri was joined in the Police Party and then the police party reached near the Tibbas and surrounded the accused who was sitting on the bags. Whereabouts of the accused were enquired. In the meantime, Shri Pritpal Singh Virk, S.P. Malerkotla with his Reader and Gunman reached the spot in a Gypsy. In his presence ASI Sampuran Singh opened the mouths of the bags and found the bags were containing poppy husk and total number of bags was 15. The poppy husk of all the bags were spread on a polythene cloth and mixed up and then two samples each weighing 500 gms were taken out and the remaining poppy husk was put back in the same bags and each bag contained 37 kilograms of poppy husk. The samples and the bags were sealed by Sampuran Singh with his seal bearing impression "SS" and samples seal Ex.P.1 was prepared. The seal after use was handed over to ASI Surinder Pal Singh. One of the second samples is Ex.P.2. The samples, Polythene cloth and the bags were taken into possession vide recovery memo Ex.PA which was signed by Shri Pritpal Singh, S.P., ASI Surinder Pal Singh and chowkidar Lal Singh. On personal search of the appellant a sum of Rs. 200/- was recovered from the pocket of the shirt of the appellant which were taken into possession vide recovery memo Ex.PB. Ruqa Ex.PC was sent to the Police Station through constable Jarnail Singh on the basis of which formal FIR Ex.PC/1 was recorded by ASI Rajinder Kumar. ASI Sampuran Singh prepared rought site plan Ex.PC and recorded the statement of the witnesses. On reaching back in the Police Station he deposited the samples, sample seal and bags with MHC Gurmail Singh. Thereafter sample parcel was sent to the office of the Chemical Examiner, Chandigarh and on receipt of its report Ex.PH challan was prepared and presented in the court of the Area Magistrate who supplied copies of the documents to the accused as required under law and vide commitment order dated 2.1.1995 committed the accused to the court of Sessions to face trial.

(3.) IN order to prove its charge, prosecution examined ASI Surinder Pal Singh as PW.1, Shri Pritpal Singh Superintendent of Police as PW.2, ASI Sampuran Singh (PW.3), H.C. Nirbhai Singh (PW.4) gave his statement on affidavit Ex.PE, ASI Gulzar Singh (PW.5) proved final report under section 173 Cr.P.C., and H.C. Gurmail Singh (PW.6) gave his statement on affidavit Ex.PF. Finally the prosecution tendered in evidence report of the Chemical Examiner.