R.L. Anand, J. - (1.) BY this judgment, I dispose of two Criminal Appeal Nos. 508 -SB of 1995, Pritam Singh v. State of Punjab, and 440 -SB of 1995, Balwinder Singh and another v, State of Punjab, as in the opinion of this Court, both the appeals can be disposed of by one judgment because both these appeals have arisen from one common judgment dated 13.7.1995 passed by the Court of Addl. Sessions Judge, Barnacle, who convicted Pritam Singh and Jar nail Singh, Appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as "the Act") while Balwinder Singh was convicted Under Section 15 read with Section 25 of the Act. Vide order dated 18.7.1995, Pritam Singh was sentenced to undergo R.l. for 10 years and to pay a fine of Rs. 1 lace, in default of payment of fine,, he was further directed to undergo R.l. for 2 -1/2 years. Balwinder Singh was sentenced to undergo R.l. for 10 years and to pay a fine of Rs. 1 lace, in default of payment of fine, he was directed to undergo further R.l. for 2 -1/2 years. This Appellant was also sentenced to undergo R.l. for, 10 years and to pay a fine of Rs. 1 lace, in default of payment of fine, he was again directed to undergo R.l. for 2 -1/2 years. Similarly, Jar nail Singh, Appellant was sentenced to undergo R.l. for a period of. 10 years and to pay a fine of Rs. 1 lace each, in default of payment of fine, Jar nail Singh was directed to undergo R.l. For 2 -1/2 years. The learned trial court further held that the substantive sentences awarded to Balwinder Singh shall run concurrently.
(2.) THE brief facts of the case can be summarized in the following manner: On 28.4.1994, police party headed by Harbhajan Singh, D.S.P., Medal Kaplan, held a picket at the bridge of canal minor within the revenue limits of village Chinwag Kaplan. It included S.I. Antimatter Singh, S.H.O., Police Station, Meal Kaplan, A.S.I. Near Singh and one Sandarac Singh, besides the other members of the police party. At about 5.30 a.m. one truck bearing registration No. PAT -8653 came from the side of village Moom and the same was stopped as suspicion grew against the same. Appellant Pritam Singh was driving the truck at the relevant time while Balwinder Singh and Jar nail Singh, Appellants, were sitting along with him. S.I. Antimatter Singh, then, asked the three Appellants that the truck was to be searched as he had suspicion about the same adding that D.S.P. was with him. The Appellants reposed confidence in him whereupon the S.H.O. recorded their statements qua the above fact. Then, he searched the truck in the presence of D.S.P. Harbhajan Singh and other persons present there and were able to recover 30 bags of Poppy Husk lying concealed underneath 100 bags of Khan in the truck. The S.H.O., then, drew two samples each weighing 250 grams out of each of the 30 bags of poppy husk and sealed the same with his own seal as well as the seal of the D.S.P. In the same manner, he also sealed the remaining bulk of the bags recovered. On weighing, each bag came to 38 kegs. The S.I. also prepared the sample impression of his seal as well as that of the D.S.P. He took the sample parcels/bags with the remaining bulk in his possession vide a separate memo. He also took into possession the truck involved in the crime along with Tarpaulin and strings (rope). The S.H.O. also took the personal search of the accused and took into possession the driving license and currency notes of Rs. 20 from Pritam Singh, Appellant, vide a separate recovery memo. A sum of Rs. 40 was recovered from Balwinder Singh and a sum of Rs. 15 was recovered from Jar nail Singh. Accused could not produce any license or permit for the possession of poppy husk. Resultantly, Rosa was sent to the police station for the registration of the case. The I.O. also prepared the rough site plan of the place of recovery and recorded the statements of the witnesses Under Section 161, Code of Criminal Procedure and on return to the Police Station; the case property was handed over to the Mohair Head Constable for safe custody with the seals intact. The sample of poppy husk was sent to the office of the Chemical . Examiner, who declared the contents as Chua of the poppy husk. On the completion of the investigation of the case, the Appellants were challenged in the Court of the Ilea Magistrate, who supplied the copies of the documents to the Appellants free of cost as required under the law and committed them to the Court of Session to face trial. Vide order dated 22.9.1994, the Addl. Sessions Judge, Barnacle, framed the charge Under Section 15 of the Act against all the Appellants and a specific charge under Section 25 of the Act against Balwinder Singh. The charges were read over and explained to the Appellants, who pleaded not guilty and claimed a trial.
(3.) IN order to substantiate the charge, the prosecution examined A.S.I. Vas Dev, P.W. 1, who deposed that on 28.4.1994, he was posted as Reader to S.S.P., Barnacle. On that day, Constable Makita Singh had brought the special report of this case. On that day, the S.S.P. was Shri' Jadish Kumar. The signatory's oil the S.S.P. was identified by this witness. In this manner he proved the special report of this case. P.W. 2 Harbhajan Singh, D.S.P... Deposed about the factor of recovery by stating that on 28.4.1994 at about 5.30 a.m. he held a picket at the bridge of the canal minor, within the revenue limits of village Chinwag Kaplan. S.H.O. Antimatter Singh and others besides one Sandarac Singh were also present with him and at about 5.30 a.m., one truck bearing registration No. PAT -8653 came from the side of village Mood's. It was stopped. As per this witness, he had suspicion about the same. This witness further deposed that the truck was being driven by Pritam Singh while Balwinder Singh and Jar nail Singh were sitting along with him in the truck. It has been further testified by Harbhajan Singh that in his presence the S.H.O. enquired from the accused that the truck was to be searched as he had the suspicion about the same. He further told the accused that the D.S.P. was also with him. Upon this, the Appellants told to Antimatter Singh, S.I., that he could search the truck as they had reposed confidence in him. Further, the SHO recorded the statements of each of the Appellants vide Ex. PC, PD and PE, and, thereafter, the poppy husk lying in 30 bags, which were concealed underneath 100 bags of Khan were recovered. Harbhajan Singh also stated how the samples were drawn and how the case property was sealed and taken into possession. P.W. 3 Antimatter Singh deposed with regard to the detection of the truck by stating that it was stopped by him on suspicion and he told to the accused that he had the suspicion that something incriminating was in the truck and the same was to be searched. It has also come in the statement of Antimatter Singh that if the Appellants so wanted; the search could be taken in the presence of a Gazette Officer or a Magistrate. The Appellants were also informed that D.S.P. Harbhajan Singh was also present with him. The accused reposed confidence in the D.S.P. and their statements, Ex. PC, PD and PE were recorded. Those statements were Read over and explained to the Appellants to which they signed. P.W. Sandarac Singh, the independent witness, who was in the Neckband party, was given up by the prosecution on 11.3.1995 as won over. The prosecution also tendered into evidence the report of the Chemical Examiner, Ex. PU, besides the affidavits of the formal witnesses and closed the case.;