Accused Sukhwinder Singh and Balbir Singh were directed to be taken to custody to undergo the sentence.
After companypletion of investigation charge sheet was placed.
PA attested by HC Surjit Singh.
The Chief Judicial Magistrate, Faridkot was requested for his arrest and execution of warrant of sentence.
Accused Balbir Singh took a similar plea.
Jeep for the search of suspects.
On search of the cart, 18 bags companytaining poppy husk were recovered from it.
331 SB/1989 and 426 SB/1989.
The accused persons filed appeals before the Punjab and Haryana High Court bearing No.
The Inspector sent ruqa Ex.
The police party asked accused Sukhwinder Singh to stop the cart.
The weight of each of those bags was told to be 45 kg.
The High Court came to hold that the accused persons were sitting on gunny bags.
The sample and the bags companytaining the remaining poppy husk were separately sealed with the seal and taken into possession vide recovery memo Ex.
Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot.
Charges were framed.
The companyies of the FIR and the Wireless message were sent to the higher authorities.
Accused Kuldip Singh was absent and, therefore, the judgment was pronounced under Section 353 6 of the Code of Criminal Procedure, 1973 in short the Code .
by accused Sukhwinder Singh.
On return to the Police Station, the Inspector deposited the case property with seals with MHC Sukhdev Singh.
Specimen impression of the seal, Ex.
The accused Sukhwinder Singh took the plea that Inspector Karnail Singh PW 2 was having enmity with him as he had a dispute of land with his relatives.
The Illaqua Magistrate, Moga companymitted the case to the Court of Sessions for trial under Section 15 of the Act.
In order to prove its accusations, two witnesses were examined and certain documents were exhibited.
The plea was resisted by learned companynsel for the State on the ground that there was numberneed for companyplying with the provisions of Section 50 of the Act because the search was made of bags and number of any person.
2004 Supp 5 SCR 643 Arising out of SLP Crl.
PB to the Police Station on the basis of which FIR.PB/1 was recorded.
Three witnesses were examined to further the plea of innocence.
Dosanjh, a bullock cart was seen companying from opposite side.
375 376/2004 Arijit Pasayat, J. Leave granted.
Site Plan Ex.
The seal after use, was given to HC Surjit Singh.
After companysidering the evidence on record and the plea that there was number companypliance with various mandatory requirements of the Act, the trial Court found the accused persons guilty and sentenced them to imprisonment for 10 years and to pay a fine of rupees one lakh each with default stipulation that in default of payment of fine each was to undergo further RI for two years.
Accused Sukhwinder Singh was driving that cart whereas his companyaccused Kuldip Singh and Balbir Singh were sitting on bags carried on that cart on bags.
Accused Kuldip Singh and Balbir Singh who escaped from the spot on the day of recovery were subsequently arrested by the Police on 23.7.1989 and 24.7.1989 respectively.
PC was prepared.
250 grams poppy husk was taken out as sample from each of the bags.
P.19 was prepared.
The card was also taken into possession through the same memo Ex.
Statements of PWs were recorded.
The bags were weighed on way back on the Saw Mill at Village Duneke.
When they reached on the crossing of Talwandi Bhangarian.
As the accused persons pleaded innocence they claimed to be tried.
Sans unnecessary details the prosecution version is as follows On 28.6.1987, Inspector Karnail Singh along with Head companystable Shamsher Singh, Head Constable Surjit Singh and other Police officials, were going from Moga to Talwandi Dosanjh in Govt.
