- (1.) This judgement will dispose of Crl.A. No.867-DB of 2006 and Crl.A. No.847-DB of 2006 as both the appeals arise from a common impugned judgement of conviction and order of sentence passed by the Special Judge, Sangrur.
(2.) Accused Tara Chand, Kala Singh, Leela Singh and Rakesh Kumar faced the trial for the offence under Section 15/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') before the Special Judge, Sangrur. Accused Kala Singh and Leela Singh were acquitted of the charge under Section 15 of the Act. But accused Tara Chand was convicted under Section 25 of the Act and accused Rakesh Kumar was convicted under Section 15 of the Act. They have preferred the above independent appeals challenging the conviction and sentence passed by the Special Judge, Sangrur.
(3.) The brief facts of the case of the prosecution is as follows: a) PW5 S.I. Sampuran Singh having associated H.C. Baljit Singh, H.C. Balwinder Singh and other police officials was present on the bridge seepage drain in Sunam in connection with nakabandi. One Ran Singh who came over there started chatting with PW5. At that point of time, a truck bearing Registration No.PB-12-2011 came from the side of village Ramgarh Jawandha. PW5 stopped the vehicle. Accused Rakesh Kumar was driving the truck and accused Kala Singh and Leela Singh were sitting on the tool box of the truck. Leela Singh and Kala Singh ran away by jumping from the tool box of the truck. PW5 could only apprehend Rakesh Kumar, the driver of the truck. b) PW5 having suspected transportation of intoxicant articles through the truck gave an opportunity to accused Rakesh Kumar to exercise his option to go in for the search either before a gazetted officer or before a Illaqa Magistrate. As per his choice and preference expressed in Ex.PG, the services of PW1 DSP Jasdev Singh Sidhu was secured. In the presence of PW1, DSP Jasdev Singh Sidhu the truck was searched. 19 bags of poppy husk were found lying in the truck underneath small marble chips. Two samples of 250 gms. each were separated from each of the gunny bags and converted into separate parcels. On weighment, the remaining poppy husk in each of the bags weighed 34.500 kgs. The sample parcels as well as the remaining quantity were separately parceled and sealed with the seal impression of PW1 and PW5. PW5 handed over the seal to independent witness Ran Singh after use. The case properties were taken into possession vide recovery memo Ex.PA. The small pieces of marble chips weighed 63 quanitals 90 kgs. which was also taken into possession vide recovery memo Ex.PB. A sum of Rs. 380/- was recovered from the personal search of the accused Rakesh Kumar unde recovery memo Ex.PC. c) PW5 sent ruqqa (Ex.PH) to the police station. Based on the said ruqqa, a formal First Information Report (Ex.PH/1) was registered by ASI Sumit Sood. Accused Rakesh Kumar who was arrested alongwith the case property was handed over to PW2 Inspector Shamsher Singh, Station House Officer of the police station. The case properties were deposited in the malkhana. On the next day the case properties as well as the accused were produced before learned SDJM, Sunam. With the approval of SDJM, Sunam, the case properties were again deposited in the malkhana. d) On 26.6.1997, accused Leela Singh was produced before PW6 ASI Gurbhajan Singh by one Om Parkash. He was arrested by PW6. The disclosure statement (Ex.PM) was recorded from him. Based on the disclosure statement given by accused Leela Singh, an independent witness PW10 Dalbir Singh was examined. He produced an affidavit disclosing the sale of the truck bearing No.PB-12-2011 to Naresh Kumar son of accused Tara Chand. PW6 also arrested accused Kala Singh on 29.7.1997. PW9 Dilbagh Singh, Clerk attached to the truck union of Bassi Pathana produced a certificate to the effect that the said truck was registered in the name of accused Tara Chand. PW6 also formally arrested accused Tara Chand and released him on bail. e) The samples were sent for examination through PW2 Constable Harbans Singh. The chemical examiner's report would disclose that the sample sent for examination was nothing but poppy husk.;