MAGHAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 2.8.1997 passed by the Court of Addl. Sessions Judge, Sangrur, who convicted the appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced them to undergo R.I. for a period of 10 years each and to pay a fine of Rs. 1 lac each; in default of payment of fine, the appellants were directed to undergo R.I. for two years each.

(2.) The brief facts of the case can be summarised in the following manner :-

(3.) On 17.9.1988, SHO Balwant Singh of Police Station, Lehra, along with other officials was holding Naka Bandi on the crossing of Village Gaga. Wariam Singh, PW, came there and he was associated in the police party. In the meantime, a truck No. DHL-4935 came from the side of Sunam. It was signalled to stop. Sarwan Singh (Proclaimed Offender) was driving the truck. He stopped the truck and two persons got down from the truck and ran away. They were later on identified by Wariam Singh and Constable Babu Singh as Lilla Singh and Ajaib Singh. Maghar Singh and Balbir Singh, appellants were apprehended at the spot. Inspector Balwant Singh told them that the search of the truck was to be made and whether they wanted to give the search in the presence of a Gazetted Officer or a Magistrate. However, the accused reposed faith in the I.O. and, thereafter, the search of the truck was taken and as many as 25 bags, each containing 35 kgs. of poppy husk, were recovered. Two samples of 250 grams each were taken out from each bag and then the samples as well as the remaining poppy husk were converted into separate parcels and the same were sealed with the seal bearing inscription 'BS'. Sample seal was prepared separately and the seal after use was handed over to ASI Surinder Singh. The entire case property was taken into possession vide recovery memo Ex. PA, which was attested by ASI Rama Shanker, ASI Surinder Singh and PW Wariam Singh. The truck and its documents, Ex. P-2 to P-3 were taken into possession vide memo, Ex. PB, attested by the said witnesses, Currency notes of Rs. 25/- and Rs. 10/- were recovered from Sarwan Singh and Maghar Singh respectively, but nothing was recovered from the personal search of Balbir Singh and the same were taken into possession vide recovery memo, Ex. PE/2. The accused could not produce any licence or permit for the possession of the poppy husk. Resultantly, ruqa, Ex. PF, was sent to the police station, on the basis of which formal FIR, E. PF/1. was recorded by MHC Joginder Singh. The I.O. also prepared the rough site plan Ex. PG, the place of recovery and recorded the statements of the witnesses. On return to the police station, the case property with intact seals was deposited with the MHC. The samples of the poppy husk were sent to the office of the Chemical Examiner, who vide reports, Exs. PE and PE/1, declared the contents as chura of the poppy head.