PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals are directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Rupnagar on the accused-appellants in Sessions case No. RT-3 of 1992 decided on August 18, 1993 for the offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act).

(2.) ACCORDING to the case of the prosecution on 22nd July, 1992 when Inspector Ramesh Chander was holding a picket at T-point in village Manakpur Kaller, he received a secret information that poppy husk in huge quantity was being carried from Bareili to village Simbal Majra in a Truck bearing No. CHW 9946. He the sent a ruqa to the Police Station for registration of the case. At about 8 A.M. a truck came to the site and the same was intercepted. The accused Udham Singh (who is appellant in Criminal Appeal No. 993-SB of 1998) was driving the said truck while the accused Parminder Singh (who is appellant in Cr. Appeal No. 684-SB of 1998) was sitting by the side of the Driver and the accused Bhola Singh (who is the appellant in Cr. Appeal No. 900-SB of 1998) was also sitting in the cabin and the 4th accused Happy Singh, who was a cleaner was also sitting in the said truck. All the accused were apprehended at the spot. Before conducting the search of the accused, Rakesh Kaushal, Deputy Superintendent of Police, arrived at the spot on receipt of a wireless message. The search was conducted in the presence of the Deputy Superintendent of Police which resulted in the recovery of 55 bags of poppy husk weighing 40 kgs. each. Sample of 250 gms was taken from each bag and the same were sealed. The bags containing remaining poppy husk were also sealed. The samples and bags of poppy husk were taken into possession by the Deputy Superintendent of Police through the recovery memo. After completion of the investigation, the chargesheet has been filed against all the four accused.

(3.) IN order to prove the guilt of the accused, the prosecution produced four witnesses and filed affidavits of Constable Ajmer Singh and Head Constable Pritpal Singh. After closure of the evidence for prosecution, the accused were examined under Section 313 Cr.P.C. All the accused pleaded that they were falsely implicated in this case, but the accused did not adduce any evidence in defence.