M. Jeyapaul, J. - (1.) ACCUSED Resham Singh, Jagtar Singh, Paramjit Singh, Kulwant Singh, and Sohan Singh faced the trial before Special Court, Barnala, for the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'). Accused Jagtar Singh also faced the trial for the charge under Section 25 of the Arms Act. Accused Paramjit Singh, who was the owner of the truck allegedly involved in this case, was acquitted of the charge under Section 15 of the NDPS Act. But, accused Resham Singh, Kulwant Singh, Sohan Singh, and Jagtar Singh were convicted for offence under Section 15 of the NDPS Act and were sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of rupees one lakh each and in default of payment of fine, they were also directed to further undergo rigorous imprisonment for a period of two years each. Accused Jagtar Singh was also convicted for offence under Section 25 of the Arms Act. He was sentenced there under to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/ - and in default of payment of fine, to undergo a further period of two months. Both the sentences of accused Jagtar Singh are ordered to run concurrently.
(2.) ACCUSED Resham Singh has preferred Crl. A. No. 1143 -SB of 2008, challenging the conviction and sentence imposed for the offence under Section 15 of the NDPS Act. Accused Jagtar Singh has preferred Crl. A. No. 1330 -SB of 2008, challenging the conviction and sentence imposed for the offence under Section 15 of the NDPS Act and also filed Crl. A. No. 1297 -SB of 2008, challenging the conviction and sentence imposed for the offence under Section 25 of the Arms Act. Accused Kulwant Singh has filed Crl. A. No. 1029 -SB of 2008 and accused Sohan Singh has filed Crl. A. No. 1145 -SB of 2008, challenging the conviction and sentence imposed for the offence under Section 15 of the NDPS Act. All the aforesaid five appeals have arisen out of the same judgment passed by the Special Court, Barnala. Therefore, all the five appeals were taken up for common disposal.
(3.) THE brief story of the prosecution reads as follows: a) PW1 SI Sukhdev Singh was on patrol duty alongwith police party at Thuliwal bus stand on 28.03.2003. He received secret information about the accused indulging in trafficking of poppy husk. Finding that the said information was reliable, a ruqua was sent to the police station for registration of a formal First Information Report (in short 'the FIR'). He proceeded alongwith police party to raid the place disclosed by the informer. One Kaka Singh was associated for the purpose of raid. The bridge of seepage drain was raided by the police party. Accused Jagtar Singh fled away with his truck. The back door of the truck was opened. There were two or three gunny bags in the truck. PW7 ASI Sampuran Singh identified accused Jagtar Singh who drove the truck. SI Sukhdev Singh alongwith the ASI Sampuran Singh apprehended the accused Kulwant Singh, Resham Singh and Sohan Singh alongwith three loaded bags as well as the tractor Sonalika. PW9 ASI Baljit Singh alongwith two other police officials gave a chase to the truck. PW9 returned with his companions empty handed. On interrogation, Resham Singh, Kulwant Singh, and Sohan Singh disclosed their names. They expressed their desire to get the search conducted by a gazetted officer. PW5 DSP Sushil Kumar was requested to come down to the place of occurrence. He being the gazetted officer gave a direction to make a search in his presence. The search led to the recovery of poppy husk. Three bags of poppy husk were recovered. Two samples weighing 250 gms from each of the bags were taken. The residue poppy husk in each of the bag weighed 40 kg. Separate parcel of samples and residue was prepared. On personal search of the aforesaid accused, some cash was recovered. On 08.04.2003, accused Jagtar Singh surrendered before the Court. With the permission of the Court, he was arrested in connection with the present case. On interrogation, he made disclosure statement. On 10.04.2003 based on the disclosure statement given by accused Jagtar Singh, one and half bags of poppy husk in his wheat field and one revolver of .455 bore alongwith 12 live cartridges were recovered. The case properties were produced before PW8/SHO Piara Singh. Having completed investigation, PW1 made final report as against all the accused. b) In their respective statements under Section 313 Cr.P.C., the accused have contended that false recovery has been implanted upon them. No poppy husk was recovered from them. The Punjab Police registered various cases against the accused Resham Singh, but, he was acquitted in all the cases. He was declared as a sikh terrorist. They were implicated with the false case.;