- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 12.07.2003 passed by the learned Judge, Special Court, Patiala, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). In default, to further undergo RI for six months .
(2.) Brief facts of the case are that on 21.05.2002 SI Barinder Singh along with HC Mewa Singh and some other police officials were present on the turning of Waraichan Patti, Samana. He received secret information that Angrej Singh and his relative Suba, Chhinda and Melo are in the habit of selling poppy husk in the area of Punjab by bringing it from Uttar Pradesh and they used to bring poppy husk in Truck No. HR-58-7860 driven and owned by Tahir Ahmed and Harish Kumar. On that day, accused Angrej Singh, Suba, Chhindi, Channi and Melo would be unloading the aforesaid truck at T-Point of Village Muradpur and if a naka is put at T-Point of Village Muradpur, the accused could be apprehended red handed. Believing the said information reliable, SI Balwinder Singh sent ruqa to the police station for the registration of the case, on the basis of which formal FIR was recorded. Thereafter, the police party proceeded towards TPoint of Village Muradpur to hold naka and PW Ajay Kumar @ Bhindi met them on the way and he was joined in the police party. At about 6.30 a.m. one truck was seen coming from the side of Village Muradpur and on signal to stop the truck, the driver stopped the truck at some distance from the naka and four persons and one lady, which were in the truck, succeeded to run away from the spot, whereas Tahir Ahmed and Harish Kumar were apprehended at the spot. On the consent of the accused for search before a gazetted Officer, DSP Jaspreet Singh Sidhu was called, who reached at the spot. Thereafter, on the direction of the DSP, SI Barinder Singh searched the truck No. HR-58-7860, which led to the recovery of 40 bags of poppy husk, containing 35 kg. Poppy husk each bag. Two samples of 250 grms each were separated from each bag and made into parcel. Samples and remaining poppy husk were sealed separately and taken into possession. Seal after use was handed over to PW Ajay Kumar alias Bhindi. From the personal search of accused Tahir Ahmed Rs.600/- were recovered and that of accused Harish Kumar, Rs.200/- were recovered along with one Titan watch.
(3.) Thereafter, statements of the witnesses were recorded and the accused were arrested. On return to the police station, SI Barinder Singh produced the accused along with case property before SHO Virsa Singh. On the next day, the case property was produced before the Illaqa Magistrate. After completion of formal investigation, the accused Tahir Ahmed and Harish Kumar were challaned. Finding a prima facie case against the accused, they were charge-sheeted to which they pleaded not guilty and claimed trial.;