ARVIND KUMAR,J - (1.) THIS judgment shall dispose of Criminal Appeals No. 244-DB of 2004 and 296-DB of 2004, filed by accused Mohan Singh and Suraj Bhan respectively.
(2.) THESE two appeals are directed against judgment and order dated 20.1.2004 passed by the Judge, Special Court, Mansa, whereby in case FIR No. 41 dated 6.8.2000 at Police Station Joga, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Hereinafter referred to as 'the Act'), the accused-appellants Mohan Singh and Suraj Bhan along with accused Binder Singh have been convicted under Section 15 of the Act and sentenced to undergo rigorous imprisonment for a period of 12 years and also to pay a fine of Rs. 1.50 lacs each and in default of payment of fine, to further undergo imprisonment for 1-1/2 years. Mohan Singh has also been convicted under Section 25 of the Act ibid, being owner and in control of truck No. MP- 09D/1503 as he himself was also apprehended at the spot in the truck along with the afore-stated two accused and sentenced to rigorous imprisonment for a period of 12 years and also to pay a fine of Rs. 1.50 lacs each and in default of payment of fine, to further undergo imprisonment for 1-1/2 years. However, both the substantive sentences awarded were ordered to run concurrently. In brief, the facts of the case are that three persons, namely, Binder Singh, Suraj Bhan and Mohan Singh were charged under Section 15 of the Act for having conscious possession of 900 Kgs of poppy straw on 6.8.2000 without valid permit or licence. According to the prosecution case, they were all travelling in truck bearing No. MP09D/1503 driven by Binder Singh accused. The Truck was got stopped by Inspector Chuhar Singh Incharge CIA Staff, Mansa, who along with ASI Raghbir Singh 611, Constable Bant Singh 474, Constable Jasbir Singh 364, P.H.G. Major Singh 21860 was on patrol duty in government canter No. PB-31/9968 at about 9 A.M. on the link road leading to village Bhupan from main Mansa-Barnala road. The vehicle was found to be carrying 30 gunny bags. Inspector Chuhar Singh (IO) informed the accused that he suspected something suspicious in the bags which were required to be searched. He also told the accused that, if they desired, search could be conducted before a Magistrate or a Gazetted Officer. The accused separately consented to their search before a Gazetted Office and their separate statements were recorded which were signed by them, which were attested by witness Pritam Singh and ASI Raghbir Singh. Accordingly, through a wireless message, Shri Balwinder Singh Romana, DSP Sub Division Mansa, was requested to reach the spot. Shri Balwinder Singh Romana, DSP, on receipt of the message, reached at the spot and in his presence, the bags were searched and found to contain 30 bags of poppy straw weighing 30 kgs. each. From each bag, two samples, of 100 grams each were taken out separately. Thereafter, all of the samples and all of the bags were separately made into parcels and sealed with the seal of letters CS. Then, truck No. MP-09D/1503 including tarpaulin, registration certificate, samples and the bags of poppy straw duly sealed along with sample seal were taken into possession of the police vide separate recovery memo. Exhibit PG which were attested by the witness Pritam Singh and ASI Raghbir Singh and were verified by DSP Balwinder Singh Romana. The accused persons were then subjected to their personal search and later were arrested according to law. Accused and the case property were taken to the police station and produced before SI Cheta Singh SHO Police Station Joga, who signed the samples and the bags. He then sealed the case property with his seal bearing impression of letters CS by keeping the seal of IO in an intact condition. Later, all the three accused were produced in Court along with the case property and samples thereof. The samples were then sent to the Forensic Science Laboratory, Punjab, Chandigarh, for the purpose of analysis. As per report of the FSL Punjab, Exhibit PS, the contents of the sample were of poppy straw (Bhukki Posht Chura). After completion of investigation, challan was presented against the accused whereafter charge under Section 15 of the Act was framed to which they pleaded not guilty and claimed trial.
(3.) THE prosecution thereafter examined PW-1 Constable Rajbir Singh and PW-2 Balwinder Singh Romana, DSP. Later, an amended charge was framed in which there was an amendment only in regard to the original charge for addition of charge under Section 25 of the Act ibid against Mohan Singh being owner and in control of Truck No. MP09D/1503 who himself was also apprehended at the spot in the truck along with the aforestated two accused.;