BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 08.09.2011 rendered by the learned Judge, Special Court, Patiala, in Sessions Case No.11T/17.11.2009/11 whereby the appellants were charged with and tried for offences punishable under Sec. 15 of the Narcotic Drug s and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act" for the sake of brevity). The appellants were convicted and sentenced to undergo rigorous imprisonment for a period 12 years and to pay a fine of Rs.2 lacs each and in default of payment of fine, they were ordered to further undergo rigorous imprisonment for a period of two years, for the offence punishable under Sec. 15 of the NDPS Act.

(3.) The case of the prosecution in a nutshell is that on 19.08.2009 ASI Rakesh Kumar along with other police officials in connection with patrolling duty were present at Sirhind bye-pass, Rajpura. Lachhman Singh son of Sarwan Singh came on the spot. When Rakesh Kumar was talking with Lachhman Singh, a Qualis bearing registration no.PB-13-D-7000 was seen coming from Ambala side. On seeing the police party, the driver of the vehicle tried to reverse the vehicle. On suspicion, the vehicle was stopped. One lady was sitting with the driver. On enquiry the driver and passenger disclosed their identities. ASI Rakesh Kumar suspected them to be carrying some contraband in the bags lying in the vehicle. He wanted to search them. He apprised the accused of their right to get the search conducted in the presence of Magistrate or gazetted Police Officer. However accused reposed confidence in him. Joint consent statement of accused was reduced into writing. On search, 7 bags containing poppy husk were recovered. Two samples of 250 grams each from each bag were separated and the residual poppy husk of each bag weighed 34 kgs. All the sample parcels and bulk parcels were sealed with the seals bearing impression 'RK'. Specimen seal was prepared and the seal after use was handed over to HC Malwinder Singh. The case property was taken into possession. Ruqa was sent to the police station, on the basis of which FIR was registered. The case property was deposited in the Malkhana. On receipt of chemical report and after completing all the codal formalities, challan was put up in Court against the accused.