IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.11.2025 Date of Decision :15.12.2025 Jodh Raj and another ......Appellants Versus State of Punjab ...... Respondents CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present : Ms. Monika Jalota, Advocate-amicus curiae for the appellants Mr. Eklavya Darshi, DAG, Punjab.

SURYA PARTAP SINGH , J . (Oral) :

A trial conducted by the Court of Sessions, i.e. the learned Special Judge (Narcotic Drugs & Psychotropic Substances Act, 1985), Kapurthala, for the commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter being referred to as "the NDPS Act" culminated into conviction of all the two accused and as a consequence thereof, by virtue of order of the same date, both the accused/convicts were sentenced to undergo rigorous imprisonment for ten ₹

years and to pay fine of 1,00,000/-each. In default of payment of fine the convicts were sentenced to further undergo rigorous imprisonment for two years each. It was further ordered that the period of detention already undergone by the accused, during the course of investigation or trial, be set-off against the sentence awarded to them.

2. Succinctly, the facts emerging from record are that the FIR No. 169 dated 27.11.2002 was lodged in Police Station Bholath, District Kapurthala, Punjab for the commission of above mentioned offence at the instance of SI/SHO ‘Gurwinder Singh’. It was reported by the abovesaid officer that on 27.11.2002 when he was heading a police party deputed for patrolling duty, an informant gave him a tip-off that ‘Surjit Kumar’, ‘Jodh Raj’ and ‘Raj Kumar’, all residents of village Jallowal used to trade in poppy husk, and that they were sitting on bags containing poppy husk near the unmetalled road leading to village Bullowal from village Boparal, and that they were waiting for the vehicle. The above named SI further reported that in view of the above mentioned information, he along with the police party proceeded towards the above mentioned place and on way an independent witness, namely ‘Kundan Singh’, resident of village Tandi Aulakh was also joined as a witness.

3. As per above named SI, when they reached the place disclosed by the informant, all the above named accused persons were found sitting on four gunny bags near unmetalled road leading to village Bullowal. As per above named police officer, when the abovesaid person spotted the police party, one of them managed to flee from the spot and two persons, namely ‘Jodh Raj’ son of ‘Mohan Lal’ and ‘Raj Kumar’ son of ‘Jodh Raj’ were apprehended. As per the case set-out by the prosecution, thereafter requisite formalities for the search and seizure were undertaken by the above named SI, who called a gazetted officer on the spot and searched the above named accused, and when the contents of above mentioned four gunny bags were checked, it was found that the bags were full of poppy husk. According to prosecution, on measurement the weight of above mentioned contraband was found to be 160 Kgs.

4. It was further alleged by the prosecution that once the formalities with regard to search, seizure, lodging of FIR and arrest were completed, the investigation of this case was undertaken. As per prosecution, during the course of investigation, usual formalities of investigation, i.e. spot inspection, recording of statements of witnesses, preparing of site plan etc. were undertaken and thereafter, the final report was submitted before the learned trial Court.

5. It shall not be out of place to mention here that during the course of investigation, accused, namely ‘Surjit Kumar’ was declared proclaimed offender, but subsequently he was arrested and supplementary challan against him, which was presented in the Court. The present appellants were charge- sheeted for the commission of offence punishable under Section 15 of the NDPS Act to which they pleaded not guilty and claimed trial.

6. In order to discharge it