IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH

NASIB SINGH

... Appellant

VERSUS

STATE OF PUNJAB

... Respondent

A N D

315-2 CRA-S-558-SB-2008

Reserved on: 04.12.2025

Pronounced on: 19.12.2025

Uploaded on: 22.12.2025

RAI SINGH ... Appellant

VERSUS

STATE OF PUNJAB

... Respondent

CORAM: HON'BLE MR. JUSTICE H.S. GREWAL.

****

Present: Mr. R.K. Singla, Advocate

(Amicus Curiae) for the appellants.

Mr. P.S. Pandher, AAG, Punjab.

****

H.S. GREWAL, J. (ORAL)

Both the abovementioned appeals are being disposed of by this

common order, since the said appeals arise out of the same judgment dated

17.12.2007 passed by the learned Judge, Special Court, Mansa.

2. By way of filing present appeals, the appellants have challenged the judgment dated 17.12.2007 passed by the Judge, Special Court, Mansa, whereby the appellants have been convicted under Section 15 of the NDPS Act, 1985 and

sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay fine of Rs.1,00,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

3. Initially, four accused persons were named in the FIR in question including the appellants herein, however, two of them namely Jai Vir son of Mani Ram and Dilsukh son of Surja Ram escaped from the spot and could not be arrested thereafter. Hence, they were declared proclaimed offenders and as such, they did not face the trial.

4. The present appeals have been filed by appellants namely Nasib Singh and Rai Singh. As per the case of the prosecution, on 18.03.2006, a police party headed by SI Jagdish Kumar, in connection with patrolling and nakabandi reached near main gate of village Jhanda Kalan. One Jit Singh, M.C. met the police party and he was associated with them. The police party held Nakabandi on bridge of a minor canal between villages Jhanda Kalan and Mann Khera. At about 5:15 A.M. one Maruti Zen Car bearing No. HR-29-M-0083 came from the side of village Mann Khera, which was signalled by SI Jagdish Kumar by torch light to stop, but the driver of the said car tried to escape and after covering a short distance, hit the car in the bridge of minor canal. Thereafter, two persons alighted from front side of the car and they managed to escape, however, the other two i.e. the appellants Rai Singh and Nasib Singh, who were sitting on three gunny bags lying on the back portion of the car after removing the seat, were apprehended. They disclosed the names of fleeing persons as Dil Sukh and Jai Vir. Later on, after conducting search of the car, the police team got recovered three gunny bags lying on the rear portion and one gunny bag lying in the boot of that car, weighing 30.200 Kgs each of poppy husk and Rs.100 currency notes from the personal search of Rai Singh and Rs.150 currency notes from the personal search of Nasib Singh. The said car was registered in the name of one Savinder Singh. The appellants were arrested and investigation swung into motion. After completion of necessary formalities of investigation, report under Section 173 Cr.P.C. was prepared and presented before the Illaqa Magistrate against Nasib Singh and Rai Singh for commencement of trial, whereas, accused Dil Sukh and Jai Vir remained proclaimed offenders throughout.

5. In order to prove its case, the prosecution examined as many as five witnesses namely PW1- HC Balwinder Singh, PW2- SI Jagdish Kumar (the Investigating Officer), PW3- SI Jasvir Singh (SI/SHO), PW4- HC Piara Singh and PW5- Savinder Singh (the registered owner of the car in question). Thereafter, the evidence of prosecution was closed by learned Public Prosecutor.

6. Statements of the appellants under Section 313 of Cr.P.C. were recorded wherein the entire evidence led by the prosecution was put to the appellants. However, the appellants claimed to be innocent and pleaded that they were falsely implicated.

7. Thereafter, in their defence evidence, the appellants examined Jit Singh, MC, who was the independent witness to the alleged recovery made