- (1.) The appellant and two others were tried of the charge under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and Section 353 of the Indian Penal Code (IPC) for having assaulted the members of police party at the time of their apprehension. The trial Court acquitted the accused persons under Section 353 IPC by holding that none of the police officials had in fact suffered injuries in the scuffle. Co-accused Satpal and Balwinder Singh @ Billi were acquitted of the charge under Section 15 of the Act whereas the appellant stood convicted thereunder. The appellant was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac, in default of payment of fine to further undergo rigorous imprisonment for one year.
(2.) The prosecution story is briefly stated:- On 27.05.2004, the police party headed by PW-2 ASI Surinder Kumar of Police Station Moonak was holding picketing at T-point near the Tax Barrier of village Chural Kalan in connection with District Red Alert. Balbir Singh son of Dhanna Singh resident of village Bakhora Khurd came there and the police party started having conversation with him. In the meanwhile, Indica Car No. DL-4CJ-5428 of silver colour was seen coming from the side of Jakhal town. There were three occupants in the car. PW-2 gave a signal to the car driver to stop. However, the driver speeded up the car towards Talwara side. They were chased by police party in the official vehicle. The gate of railway crossing was found closed and the car driver reversed his vehicle and tried to turn on the kachha road leading to Jakhal town. ASI Surinder Kumar brought the official vehicle in front of the car. All the occupants of the car alighted from the vehicle and tried to run away. They entered into scuffle with the police. Two of them ran away from the spot whereas appellant Sukha Singh son of Mithu Singh resident of Ward No. 10, Near Police Station Lehragaga, District Sangrur was caught. In the scuffle the appellant suffered some minor injuries on his person. The other culprits were identified by HC Billu Singh. PW-2 suspected some contraband article loaded in the Indica Car. The appellant was told that the car was to be searched and he has a right to be searched before a Magistrate or gazetted officer. The appellant opted to be searched in the presence of a gazetted officer. Ex. P2 is the memo prepared in this regard, signed by the appellant and attested by the police officials and Balbir Singh aforesaid. A wireless message was sent to DSP Moonak to reach the spot. The DSP reached in his official Gypsy No. PB-13-1644 and was informed about the facts. Shamsher Singh DSP introduced himself to the appellant that he is a gazetted officer as a DSP and they intend to search the car. DSP further told the appellant that he has legal right to be searched before a Magistrate but the appellant offered his search to be made in the presence of DSP. The consent memo Ex. P3 was reduced into writing which was signed by the appellant and also attested by DSP and other witnesses. On search of the Indica Car conducted by PW-2 ASI Surinder Kumar under the supervision of DSP, two bags of poppyhusk were recovered from the dicky of the car and one from the rear seat. These were marked 1 to 3 at the spot. Two samples from each of these bags weighing 250 gms. were separated and prepared into parcels and weight of the remaining bulk in each of these bags was found to be 34 kgs. 500 gms. These sample parcels were marked as 1A, 1B to 3A to 3B according to the numbering of gunny bags. All these parcels were sealed with seal bearing seal impression 'SK' of PW-2 and sample impression of the seal Ex. P4 was also prepared which was attested by the DSP. The seal after use was handed over to Balbir Singh aforesaid. The entire case property was taken into possession by preparing memo Ex. P5. The Indica Car was taken into possession vide panchnama Ex. P6. Ex. P18 Registration Certificate of the car in the name of appellant was recovered from the dashboard of the car. It indicates that original registered owner of the vehicle was Mohinder Singh son of H. Singh of New Delhi and it was transferred in the name of appellant as per endorsement dated 05.03.2004, Ex. P28 proved during evidence by PW-3 Sukhjit Singh, Clerk in the office of District Transport Officer, Sangrur. On the basis of ruqa Ex. P13 sent from the spot FIR Ex. P14 was registered in the police station. There is endorsement made by the Magistrate on Ex. P14 to the effect that FIR received by the Magistrate at 7.20 p.m. on the same day. On personal search of the appellant currency notes of Rs. 150/- were recovered vide memo Ex. P15 and grounds of arrest vide Ex. P16 were also communicated to the appellant. PW-2 also prepared the rough site plan Ex. P17. It is also the prosecution story as testified by PW-2 that a special report Ex. P19 to senior officers under Section 57 of the Act was also sent, giving full detail of the recovery and particulars of the accused persons which bears endorsement of DSP (Circle), Moonak dated 27.05.2004. On return to the police station, the case property was deposited with PW-1 HC Bikramjit Singh the MHC of police station with seal intact. On the next day, the case property alongwith accused was produced before the area Magistrate vide application Ex. P20 and the Magistrate passed the order Ex. P23 on the said application. The other two accused were arrested on 30.05.2004. On receipt of report from the Chemical Examiner, charge-sheet against the appellant was presented before the Judge, Special Court. Charge was framed against the appellant and co-accused.
(3.) The prosecution examined six witnesses in support of its case.;