VIRENDER SINGH, J. - (1.) APPELLANT Som Nath and his co-convict Dilbagh Mohammad who is stated to have died on 14.9.2000 during the pendency of the appeal were convicted vide impugned judgment of learned Special Judge, Nawanshahar dated 18.9.1999 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac each, in default thereof to further undergo rigorous imprisonment for one year each.
(2.) IT is worth mentioning here that Amrik Singh son of Jarnail Singh, the co-convict, who was also booked along with the aforesaid two persons stands acquitted by the learned trial Court. Mr. Hoshiarpuri, learned Assistant Advocate General, submits that the State of Punjab has not preferred any appeal against his acquittal. In short, the case of the prosecution is that on 19.8.1997, Lajpat Singh (PW-4) who was Incharge of CIA Staff, Nawanshahr along with other police officials including ASI Sukhdev Singh (PW-3) set up a Naka at Rehpa and started checking the vehicles passing on the road. One Baldev Krishan (PW), given up as having been won over, was also joined in the party. In the meantime, a truck bearing registration No. PB-07-A-2397 was seen approaching from Apra side at about 7.15 a.m. which was made to stop. The driver of the truck halted the truck at some distance. A person who was sitting by the side of the bags in truck descended and ran towards the fields. He was identified by Lajpat Singh, SHO as Amrik Singh (since acquitted) by the trial Court. The case of prosecution further is that he could not be over-powered. The appellant was on the steering of the truck, whereas, Dilbagh Mohammad (since dead) was also sitting on the bags in the truck. Both were apprehended at the spot and questioned about the contents of the bags. They disclosed that the bags being carried in the truck were of poppy-husk. In order to show the compliance of Section 50 of the Act, both were asked as to whether they wanted the bags to be searched before a Magistrate or Gazetted Officer. They reposed confidence in Lajpat Singh, SHO. The consent memos Ex. PC and Ex. PD were prepared in this regard. Harmel Singh, DSP (not produced) was also called at the spot. The bags containing poppy-husk were 23 in number. They were unloaded from the truck. DSP Harmel Singh drew 250 grams of poppy-husk from each bag as sample and they were sealed in two separate parcels. The remainder contents of bags Ex. P1 to Ex. P23 were weighed. Each bag was containing 37 kgs. 750 grams of poppy-husk. Separate parcels were prepared for the remaining bulk and sealed with the seals of LPS (Lajpat Singh) and HS (Harmail Singh). They were taken into possession vide memo Ex. PE attested by the aforesaid Sukhdev Singh ASI, independent witness, Baldev Krishan ASI and Harmel Singh, DSP. The photostat copy of the registration certificate Ex. P1 and the truck were taken into possession vide separate memo Ex. PF. Personal search memos of both the accused were also prepared at the spot. Thereafter, ruqa Ex. PJ was sent to Police Station, upon which formal FIR Ex. PK was registered. Rough site plan Ex. PL was also prepared at the spot. On reaching the Police Station, Lajpat Singh, Investigating Officer deposited the case property with all the seals intact with DSP Harmel Singh (PW1). After the receipt of Chemical Examiner report Ex. PN, which opined the contents of the samples to be of poppy husk, all the accused were challaned. They were consequently charged under Section 15 of the Act.
(3.) IN order to substantiate the charge, the prosecution has examined HC Harmesh Singh No. 1954, who had tendered his affidavit Ex. PA to prove the link evidence as 23 samples, 23 bags of poppy husk were deposited with him when he was posted as Incharge of the Malkhana on the day of alleged recovery. PW-2 Constable Mohan Lal No. 2611, had also tendered his affidavit Ex. PB to the effect that he had deposited 23 samples and seals impressions with the office of Chemical Examiner, Amritsar for analysis. Sukhdev Singh, ASI (PW3) is a witness to the recovery. Lajpat Singh PW4 is the Investigating Officer. I do not feel the necessity of describing his investigation as the same is detailed in the preceding paras. PW-5 Darshan Lal is a Clerk in the office of DTO Jalandhar, who proved that truck No. PB07-A-2397 was initially registered in the name of Darshan Singh son of Kartar Singh, resident of village and Post Office Goraya, District Jalandhar. It was subsequently transferred on 4.9.1997 in the name of Gurdev Ram son of Nasib Chand, resident of village Samrari, Tehsil Phillaur, District Jalandhar. The prosecution also tendered the report of the Chemical Examiner Ex. PN.;