A local court in Ludhiana has delivered a significant verdict in a narcotics case, sentencing two individuals to rigorous imprisonment for their involvement in the possession and peddling of poppy husk. The special court presided over by Judge Jagdeep Sood handed down severe penalties, underscoring the judiciary's firm stance against drug-related offenses under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Court's Verdict and Sentencing Details
The court awarded 10 years of rigorous imprisonment to one of the accused, Darshan Singh, for the possession of a substantial 100 kilograms of poppy husk. In addition to the prison term, a hefty fine of Rs 1 lakh was imposed on him. The other accused, Avtar Singh, received a sentence of three months' rigorous imprisonment for possessing 7 kilograms of the contraband, along with a fine of Rs 5,000. This differential sentencing reflects the gravity of the offenses based on the quantity of drugs involved.
Background of the Case
The case originated on November 28, 2022, when the Payal police registered a formal complaint against Darshan Singh, a resident of Dhamot Kalan in Payal, and Avtar Singh, hailing from Chorwala village in Fatehgarh Sahib district. Both were charged under the NDPS Act for the conscious possession of poppy husk, with Darshan Singh implicated for 100 kilograms and Avtar Singh for 7 kilograms.
Police Operation and Arrest
According to the prosecution's account, the investigation was led by Sub-Inspector Gurpartap Singh, who, along with other police personnel, was conducting a routine vehicle check at the T-point Bus Stand in Jalla village around 9:05 PM. During this operation, a white car approaching from the Payal side caught their attention. When signaled to stop, the driver attempted to evade the police by turning back, but the vehicle was successfully intercepted.
The occupants were identified as Darshan Singh, who was driving, and Avtar Singh. The investigating officer informed them of suspicions regarding contraband possession. Despite efforts to involve independent witnesses from the public, no one agreed to participate in the search. Upon searching the vehicle, the police discovered a white plastic bag containing 7 kilograms of poppy husk, leading to the immediate arrest of both individuals.
Interrogation and Further Recovery
During subsequent interrogation, Darshan Singh provided a disclosure statement, admitting that he and Avtar Singh had purchased one quintal (100 kg) of poppy husk at a rate of Rs 39,000 per kilogram, with intentions to sell it at Rs 45,000 per kilogram. He further revealed that the remaining poppy husk was concealed in the storeroom of his house. Acting on this information, the police conducted a raid and recovered four additional plastic bags filled with the substance, thereby substantiating the charges.
Legal Proceedings and Defense Arguments
After a thorough investigation, the police filed a chargesheet against the accused in court. During the trial, both Darshan Singh and Avtar Singh pleaded not guilty, claiming false implication by the authorities. Their defense counsel argued that the prosecution's case was weakened due to the police's failure to join independent witnesses during the search and seizure, a point often raised in such narcotics cases.
Court's Observations and Ruling
The court, however, addressed this contention by noting that the non-joining of independent witnesses is not necessarily fatal to the prosecution's case. It observed that members of the public frequently exhibit reluctance to participate in police investigations, especially in sensitive matters like drug offenses. The court emphasized that statements from official witnesses, when deemed trustworthy and reliable after careful scrutiny, can indeed form a valid basis for conviction.
In its ruling, the court stated, "In such circumstances, statements made by official witnesses have to be scrutinised with care and caution, and if found reliable, can be acted upon." After meticulously examining all evidence presented, including the disclosure statements and recovered contraband, the court found both accused guilty. Darshan Singh was convicted for possession of 100 kilograms of poppy husk, while Avtar Singh was convicted for conscious possession of 7 kilograms, leading to the aforementioned sentences.
This case highlights the ongoing efforts by law enforcement and the judiciary in Punjab to combat drug trafficking, with courts taking a stringent approach to ensure justice is served in narcotics-related offenses.
