BINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, I propose to dispose of three appeals i.e. CRA-S-1360-SB of 2004 filed by appellants Binder Singh and Jagtar Singh, CRA-S-310-SB of 2005 filed by appellant Sukha Singh and CRA-S-534-SB of 2005 filed by appellant Gurmit Singh, all of them being accused, who were tried and convicted by the Court of learned Judge, Special Court, Mansa for an offence punishable under Section 15 of Narcotic Drugs & Psychotropic Substances Act, 1985 vide judgment/order dated 14.5.2004 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of one year each.

(2.) The accused-convicts, who are appellants before this Court pray that the appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story is that on 31.1.2000, a police party from Police Station Jhunir headed by ASI Gurjant Singh (hereinafter referred to as the Investigating Officer/I.O.) travelling in a official canter was present on the bridge of Bhakhra canal situated within the revenue estate of village Mofar in connection with checking of vehicles and suspects when the party was joined by Charna Singh son of Tota Singh, resident of village Jhunir; that a jeep bearing No.PB-04E2131 Mohindra & Mohindra having soil colour was spotted coming from village Pilsian side; that it was intercepted; that on being inquired, the person driving the jeep disclosed his name as Gurmit Singh son of Mukhtiar Singh, whereas the person sitting with him on the front seat gave his name as Binder Singh son of Leela Singh and other person sitting on the middle seat gave his name as Jagtar Singh son of Jangir Singh, whereas Sukha Singh was sitting on the rear seat; that the Investigating Officer suspected the two bags lying on the rear side of the jeep to contain contraband and wanted to search the same; that he informed the accused that they had a right to get the search conducted in presence of some gazetted officer or a Magistrate; that the accused opted to get the search conducted in presence of a gazetted officer, therefore the Investigating Officer accordingly flashed a message at Police Station Jhunir to send some Gazetted Officer to the spot; that after some time Sh.Amarjit Singh, DSP, Sub Division along with his gunmen reached at the spot; that the Investigating Officer informed him about the facts of the case; that thereafter DSP disclosed his identity to all the four accused asking from them whether they wanted search of the gunny bags lying on the rear seat of the jeep to be conducted in his presence or that of some Magistrate, however, the accused reposed faith in the DSP; that memos in that regard were prepared; that on the direction of Sh.Amarjit Singh, DSP, Sub Division, Sardulgarh and in presence of HC Harbans Singh and witness Charna Singh, the bags were unloaded from the jeep and those were searched; that they were found to contain poppy straw; that the bags were given number (1) and (2); that from each of the bag, two samples of 100 gms. each were drawn; that on being weighed the remaining contents in bag No.1 were found to be 25 kgs and remaining contents in bag No.2 were found to be 26 kgs.; that the bags and the samples were converted into parcels which were sealed; that poppy straw were sealed with seal bearing impression 'GS' of the Investigating Officer; that the sample seal impression was prepared, the seal after use was handed over to Charna Singh, then the case property in the form of four samples, two gunny bags containing residue poppy straw, sample seal impression, jeep were taken into possession vide recovery memo; that personal search of all the four accused were conducted and relevant memos in that regard were prepared; that on return to the police station, the Investigating Officer produced the accused along with the case property and witnesses before Inspector Chuhar Singh, SHO Police Station Jhunir, who checked the case property, verified investigation and then put his seal having impressions 'CS' on the case property; that sample seal impression was prepared, special reports were sent to concerned Magistrate and Gazetted officers.