MEHTAB S.GILL, J. - (1.) TWO separate criminal appeals have been filed i.e. Cr. A. No. 354-DB of 2000 by Faquiria and Cr.A. No. 400-DB of 2000 by Ved Parkash. We will be deciding both these appeals by this common judgment as they arise out of the same order/judgment dated 28.7.2000 of the Special Judge, Sangrur.
(2.) SPECIAL Judge, Sangrur vide his order dated 28.7.2000 convicted both the appellants Faquiria and Ved Parkash under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act) and sentenced them to undergo RI for 12 years and to pay a fine of Rs. 1,50,000/- each and in default, to further undergo RI for 1-1/2 years. The prosecution case is unfolded by a Ruqa Ex.PE sent by Harpreet Singh SI/SHO, P.S. Kotwali, Sangrur on the basis of which F.I.R. Ex.PF was recorded. Harpreet Singh stated in the FIR that he along with ASI Gurdeep Singh, ASI Gurjit Singh, ASI Chamkaur Singh, ASI Gursewak Singh, HC Kashmir Singh, HC Major Singh, HC Avtar Singh, HC Mewa Singh, Constable Gurbachan Singh and S.P.O. Baljinder Singh were going in Govt. Gypsy Jeep No. PIS-1006 which was being driven by Constable Suresh Kumar and in Govt. vehicle Swaraj Mazda No. PB-13E-1939, being driven by Constable Gurmit Singh. They were patrolling and checking the area of Village Bhindran. Shri Gurdeep Singh Pannu, S.P., Sangrur came on a Govt. Gypsy for checking of the Naka and gave them necessary instructions to be present on the Bhindran Bridge Canal. After some time one tempo came from the side of Village Ghabdan. Harpreet Singh gave a signal to the tempo to stop. The tempo stopped, but the Driver of the tempo after opening the window of his side, jumped and ran towards the fields, another person also ran away with him. One other person who was sitting on the cabin of the tempo and another person sitting in the rear portion of the tempo were apprehended by the SSI/SHO from the tempo which bore registration No. HNL- 3015. One of the persons told his name as Ved Parkash son of Darshan Lal and the other person who was sitting in the rear side of the tempo, gave his name as Faquiria son of Niranjan Singh. Ved Parkash further stated that the Driver of the tempo was Sudesh Kumar son of Jaga Sansi and Faquiria gave the name of the other person who ran away as Gurmail Singh son of Niranjan Singh. Harpreet Singh SI/SHO asked Ved Parkash that he had a suspicion that he had some contraband in his tempo and he wanted to search it. If Ved Parkash wanted, the search could be made in the presence of a Magistrate or a Gazetted Officer. Ved Parkash's consent statement Ex.PC was recorded in writing. He signed the same which was attested by the witnesses. Faquiria was also asked as to whether he wanted to be searched by a Magistrate or a Gazetted Officer. Faquiria also stated that the search of the tempo be done in the presence of a Gazetted Officer. A consent memo Ex.PB was prepared. Faquiria signed the consent memo. It was attested by witnesses. During that time, Dharamvir son of Banwari Lal who was coming from the side of Bhindran on a cycle, stopped. He was told of the facts of search and he was also joined by the police party as a witness. Since Shri Gurdeep Singh Pannu, S.P. Sangrur was already present, Harpreet Singh SI/SHO, under the instructions of the S.P. conducted the search of the tempo. Bags were lying in the tempo under a tarpaulin cover. They contained poppy husk. The number of bags recovered were 30. Two samples of poppy husk were taken and parcels of 250 grams each were made. The remaining poppy husk which had been put on the tarpaulin sheet, was put into 30 bags. 29 bags weighed 35 kgs. and one bag weighed 34 kgs. 500 grams. Seal of Shri Gurdeep Singh, S.P. "GS" was put on the bags, as well as on the sample. The tempo No. HNL 3015 was taken into possession. The seal after its use was handed back to the S.P., Sangrur. All the bags were attested by the S.P. On the basis of the ruqa sent to the police station, F.I.R. Ex.PF was recorded.
(3.) PROSECUTION to prove its case, brought into the witness box Joginder Singh PW-1, SI Harpreet Singh PW-2, Suresh Kumar PW-3 and Gurdeep Singh Pannu PW-4.;