R.S.MADAN, J. - (1.) BY this order, we propose to dispose of two Criminal Appeals bearing No. 611 and 526-DB of 2001, vide which the appellants have been convicted by Shri Baldev Singh, Special Judge, Faridkot, vide order dated 11.9.2001 and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. One lakh. In default of payment of fine they were further ordered to undergo further rigorous imprisonment for two years, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, (for short hereinafter referred to as the "NDPS Act").
(2.) IN brief, the facts of the prosecution case which are taken out from the judgment of the trial Court are reproduced as under :- that on 23.4.1984 DSP Narinderpal Singh along with Inspector Jagmohan Singh, ASI Mohan Lal, ASI Dilbagh Singh, ASI Jagdish Rai, HC Surajpal Singh, ASI Ajmer Singh and other police officials was going from Village Kokri Kalan towards Village Jalalabad in connection with the search of terrorists on Govt. vehicle and when the police party reached in the area of Village Kokri Kalan crossing, one truck was seen coming from the side of Jalalabad. DSP Narinderpal Singh and other police officials had taken the positions after alighting from the vehicle. DSP Narinderpal Singh stopped the truck with the help of torch light and they encircled the truck. Balbir Singh accused was driving the truck and accused Kirpal Singh was sitting by his side and Sukhdev Singh accused was sitting on the back of the truck. From the search of the truck, 125 bags of poppy husk were recovered. They were numbered from 1 to 125. 250 grams of poppy husk was separated as sample from each bag and the remaining on weighment came to be 39.750 kgs. of poppy husk each. The remaining poppy husk was allowed to remain in the same bags. All the samples were converted into parcels. Each bag and the samples were sealed by the DSP Narinderpal Singh with his seal bearing letters "NPS" and the seal after use was handed over to Inspector Jagmohan Singh. All the sample parcels and the bags were taken into possession vide memo Ex. PD attested by Inspector Jagmohan Singh and Ajmer Singh ASI. From the personal search of the accused Sukhdev Singh, currency notes of Rs. 20/- were recovered which were taken into possession vide memo Ex. PG/1 attested by the abovesaid witnesses. From the personal search of Kirpal Singh noting was recovered and memo Ex. PG/2 was prepared which was thumb marked by the accused and attested by the witnesses. From personal search of Balbir Singh accused, currency notes of Rs. 15/- were recovered which were taken into possession vide recovery memo Ex. PG/3 attested by the abovesaid PWs and thumb marked by the accused. Truck bearing No. PJI-4475 was taken into possession along with the documents vide memo Ex. PG/4 attested by the abovesaid PWs. Grounds of arrest were disclosed to the accused vide separate memos Ex. PE, Ex. PF and Ex. PG thumb marked/signed by the accused. Ruqa Ex. PH was sent to the police station for the registration of the case, on the basis of which formal FIR Ex. PH/1 was recorded by Baldev Singh MHC. DSP Narinderpal Singh prepared the rough site plan Ex. PJ at the spot and recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure. Thereafter, the Deputy Superintendent of Police entrusted the investigation of the case to Inspector Jagmohan Singh. On return to the Police Station, the accused were lodged in the police lockup. On the same day, Inspector Jagmohan Singh produced the accused and the case property before Shri K.K. Kareer, JHMIC, Moga and on return to the police station the case property was deposited with the MHC. The samples in due course were sent to the Chemical Examiner. After the receipt of the report of the Chemical Examiner Ex. PK and completion of necessary investigation into the case, the accused were challaned. On appearance of the accused before the learned Special Judge, a prima face under Section 15 of the NDPS Act was found to be made out against the accused and they were charged thereunder. The charges framed by the trial Court are reproduced as under :- "That on 23.4.1994 in the area of Village Kokri Kalan, you all the accused were found in possession of 125 bags of poppy husk containing 40 kilograms of poppy husk each and you thereby committed an offence punishable under Section 15 of the NDPS Act, 1985 and within my cognizance. And I hereby direct that you all be tried by this Court on the abovesaid charge. Sd/- Addl. Sessions Judge, 24.12.1997. "Certified that the contents of the charge have been read over and explained to the accused in Punjabi, which have been understood by them." To bring home the guilt of the accused, the prosecution relied upon the statements of PW-1 HC Gurjant Singh and Constable Kulwant Singh to prove the link evidence and they have tendered in evidence their affidavits Ex. PA and Ex. PB, respectively. Similarly Shimla Devi is also a formal witness, who has proved the registration of Truck bearing No. PJU-4475 in the name of Ajit Singh son of Major Singh C/o Gurdip Transport Company, Jeor Sarak, Ludhiana and also proved Ex. PC, the photocopy of the relevant entry of the register. Jagmohan Singh DSP and Nrinderpal Singh, SP(H), were examined as PW-4 and PW- 5, respectively. They have partly investigated the case and arrested the accused with the case property. Thereafter, the prosecution tendered into evidence the report of the Chemical Examiner, Ex. PK and closed the evidence of the prosecution.
(3.) AFTER the evidence of the prosecution was closed, the accused were examined in terms of statement, under Sections 313 of the Code of Criminal Procedure in which the entire incriminating evidence appearing against the accused was put to them to which they pleaded innocence and claimed that they were brought to the police station from their house house in the presence of respectables and after illegal detention this case was planted upon them. Jasbir Kaur wife of Kirpal Singh had given telegram in this regard. The accused preferred to lead evidence in defence and examined Manjit Singh son of Joginder Singh, DW-1, Madan Lal, Record Keeper of the Court of District and Sessions Judge, Faridkot as DW-2 to prove the copy of the bail application Ex. DA and Jasbir Kaur wife of Kirpal Singh as DW-3 and after tendering into evidence certified copy of the bail order closed the defence evidence.;