Kanwaljit Singh Ahluwalia, J. - (1.) BY this common judgment (1) Criminal Appeal No. 819 -SB of 2002 preferred by Jaila Singh and (2) Criminal Appeal No. 846 -SB of 2002 filed by Makhan Singh, shall be decided together.
(2.) BOTH the Appellants were tried in a case FIR No. 57 dated 03.08.1998 registered at Police Station Joga under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act '). The Judge, Special Court, Mansa, vide his judgment dated 15th April, 2002 held them guilty of an offence punishable under Section 15 of the Act and vide a separate order of even date, sentenced them as under: 1. Accused Makhan Singh is sentenced to undergo RI for three years and to pay a fine of Rs. 6,000/ -, in default to pay fine to undergo further RI for three months. 2. Accused Jaila Singh is sentenced to undergo RI for two years and to pay a fine of Rs. 4,000/ -, in default to pay fine to undergo further RI for two months. Asi Kulwant Singh PW -2 had sent a ruqa Ex.PJ to the Police Station for registration of a case. It was stated therein that he along with his companion police officials, namely Asi Darshan Singh, Constable Balwinder Singh and SPO Mander Singh; was going on a Government vehicle (Canter) from village Ralla to village Bhopal on patrol duty. When they reached on the triangle of link road of village Bhopal, they spotted two young persons coming on a scooter. They had kept a jute bag in between the driver seat and pillion seat. Seeing the police party, they made an attempt to turn the scooter. On suspicion, Asi Kulwant Singh stopped the Canter and along with the companion police officials, apprehended both the young persons. Registration number of the scooter was PB -10A 1252. The driver of the scooter disclosed his name as Makhan Singh son of Basant Singh and the pillion rider as Jaila Singh son of Jupa Singh, Scheduled Caste, residents of Makhewala. As Asi Kulwant Singh suspected that they were having some contraband article, a written option was given to them to get themselves searched in front of a Gazetted Officer or a Magistrate. Both the accused gave their consent to be searched in the presence of a Gazetted Officer. During interrogation, Munshi Singh son of Tittar Singh, Scheduled Caste, resident of village Bhopal, also arrived at the spot and he was joined by the police party as an independent witness. In his presence, a consent memo was prepared and a wireless message was sent to the Police Station. Varinderpal Singh, DSP, Sub Division, Budhladha arrived at the spot along with his gunman. He disclosed his rank to the accused and the fact that he was a Gazetted Officer. In the presence of DSP Varinderpal Singh, accused were searched and in the gunny bag, poppy husk was found. The same was weighed as 25 kilograms. A sample of 100 grams was separately drawn and the remaining poppy husk was weighed as 24.900 kilograms. The recovery was effected in the Revenue Estate of village Bhopal on 3rd August, 1998 at about 8.30 p.m.
(3.) THE above said FIR was investigated and a report under Section 173 Code of Criminal Procedure was submitted.;