MEHTAB S.GILL,J - (1.) WE will be passing a common judgment/order in Criminal Appeal No. 103-DB of 2006 and Criminal Appeal No. 108-DB of 2006, as they arise out of the common judgment/order passed by the Special Judge, Mansa dated 14.12.2005.
(2.) THE trial Court convicted Shinder Singh son of Modan Singh and Ajaib Singh son of Mukand Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 2 lacs each. In default of payment of fine, to further undergo rigorous imprisonment for two years each. The case of the prosecution is unfolded by ruqa Ex. PH sent to Police Station Bhikhi by SI Hardevinder Singh, who stated that on 12.12.2000 he along with ASI Harbhajan Singh, ASI Surjit Singh, HC Yadwinder Singh, HC Gurtej Singh, CI Baldev Singh and PHG Secretary Sharma were going on Govt. Gypsy PB- 31-6418 driven by Constable Lakhbir Singh. When they reached near Atma Ram Hospital Bhikhi, octroi post Budhlada road, in connection with nakabandi and checking of vehicles at about 8.15 a.m., they saw a truck coming from the side of Budhlada, which turned towards Bhikhi. On suspician, SI Hardevinder Singh stopped the truck. In the meanwhile, Tarsem Singh Municipal Commissioner, resident of Bhikhi came on his scooter. He was joined by the Investigating Officer. There were two young men sitting in the truck. One disclosed his name as Shinder Singh son of Modan Singh, who was driving the truck bearing No. HRD-8547 and the second person, who was sitting on the left portion inside the cabin of the truck, disclosed his name as Ajaib Singh son of Mukand Singh. The truck was checked as per rules. SI Hardevinder Singh saw nine gunny bags full of something. The bags were of fertilizer. SI Hardevinder Singh told Ajaib Singh and Shinder Singh that he suspected that they had narcotics in the nine gunny bags. If they wanted to be searched by a Gazetted Officer or a Magistrate, they could do so. Both Ajaib Singh and Shinder Singh stated, that they be searched in the presence of a Gazetted Officer. Information was sent to the Police Station Bhikhi on the wireless set. He requested DSP(SD) Shri Balwinder Singh Romana to come. The DSP(SD) came at 9.30 a.m. in his Govt. Gypsy along with his gunmen. Balwinder Singh Romana, DSP (SD) disclosed his identity and after preparing the memo. of search and taking the consent of Shinder Singh and Ajaib Singh, he directed SI Hardevinder Singh to conduct the search of the bags. On opening the bags, poppy straw was found in them. Two/two samples weighing 100/100 grams were taken out from each bag and 18 parcels of sample of poppy straw and the remaining bags of poppy straw were weighed with a spring balance turn by turn. Each bag weighed 35/35 kgs. Sample seal was prepared. Seal was handed over to Tarsem Singh M.C. Registration copy of the truck was recovered. 18 parcels of sample of poppy straw weighing 100/100 grams and 9 parcels of gunny bags weighing 35/35 kgs. of poppy straw duly sealed by seal of "HS", along with sample seal and cover made of bags of fertilizer. The truck bearing No. HRD-8547 and the registration of the truck were taken into possession. On the basis of this ruqa, FIR Ex. PH/1 was recorded.
(3.) THE prosecution to prove its case brought into the witness box SI/SHO Hardevinder Singh as PW-1, HC Vijay Kumar as PW-2, SI Harbhajan Singh as PW-3 and Savinder Singh Clerk of DTO Office as PW-4.;