- (1.) This judgment shall dispose of Criminal Appeals No.28 -DB of 2004 filed by Jagga Singh, 342-DB of 2004 filed by Lal Singh and 344-DB of 2004 filed by Sukhjinder Singh, arising out of the judgment of conviction and the order of sentence dated 2 .2.2004, rendered by the Judge, Special Court, Faridkot, vide which, all the three accused were sentenced to undergo rigorous imprisonment for a period of fifteen years each and to pay a fine of Rs.1,50,000/-,each, in default of payment of fine to further undergo rigorous imprisonment for a period of two years each, for the offence punishable under Section 5 of the Narcotic Drugs and Phychotropic Substances Act, 1985 ( hereinafter called as " the Act" only) for having been found in possession of seven bags, containing 35 kgs poppy husk each.
(2.) The facts, in brief, are that on 5.8.2002, SI Jagat Singh posted in Police Station,Jaitu accompanied by ASI Rachhpal Singh, and other Police officials, was going from the side of Village Matta to Village Rori Kapura, for general patrolling when Gurjant Singh, an independent witness, was passing by, who was called, and joined with the police party. When the Police party and the independent witness,aforesaid, were a little ahead of Village Matta, a Tata Sumo vehicle bearing No. PB-04G-7709, was seen coming from the side of Rori Kapura. The said vehicle was signalled to stop. It was stopped. The driver of the vehicle disclosed his name as Jagga Singh. Two more persons namely, Sukhjinder Singh and Lal Singh were found sitting on the middle seat of the said vehicle. Jagat Singh S.I., the Investigating Officer, suspected that they were carrying some narcotic substance in the vehicle. The vehicle was searched by Jagat Singh S.I., in the presence of D.S.P. Raghbir Singh of Sub Division,Kotkapura, who came to the spot on the basis of the wireless message sent to him. 7 bags were found lying in the Tata Sumo,aforesaid. Each bag was found containing 35 kgs of poppy husk. A sample of 250 grams from each of the bags, was taken out .The samples and the remaining poppy husk, were converted into parcels, duly sealed with the seals bearing impressons "JS" and " RS". The sample impression of the seals was prepared. Thereafter, the case property and the sample parcels as also the sample impression of the seals were taken into possession, vide a separate recovery memo. The personal search of each of the accused was conducted. From the personal search of accused Jagga Singh, Rs.85/-, and from the personal search of accused Sukhjinder Singh Rs.50/- were recovered, whereas from the personal search of Lal Singh accused no cash or article was recovered. Personal search memos were prepared, which were attested by the witnesses. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered by ASI Ram Singh. The statements of the witnesses were recorded. Rough site plan of the place of occurrence was prepared. The accused were arrested. After the completion of investigation,the accused were challaned.
(3.) On their appearance, in the Court, the copies of documents relied upon by the prosecution, were supplied to the accused. Charge under Section 5 of the Act, was framed against them, to which they pleaded not guilty and claimed judicial trial.;