BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, Bahadur Singh and one Amreek Singh were convicted by the Special Court constituted under the Narcotic Drugs and Phychotropic Substances Act, 1985 (for short 'the Act') having been found guilty for the offence under Section 8 read with Section 15 of the Act. Both of them were sentenced to 10 years' rigorous impri-sonment and a fine of Rs. 1 lakh each. The High Court has, however, allowed the appeal of Amreek Singh. His conviction and sentence has been set aside. The conviction and sentence of Bahadur Singh having been maintained, he is in appeal before us on grant of special leave.

(2.) Bahadur Singh was a driver and Amreek Singh a cleaner of a truck. The case of the prosecution is that information had been received that the poppy straw is being carried in the said truck. On search of the truck four polythene bags containing poppy straw weighing 3.900 kgs. was found. After completion of the formalities, the accused were tried which resulted in the conviction and sentence as aforesaid.

(3.) According to the prosecution there were two independent witnesses in whose presence the poppy straw was recovered and seized. The prosecution, however, examined only one of them, namely, Pawan Kumar Sharma, PW1. PW1 did not support the prosecution and was declared hostile. He though admitted his signatures as a punch witness to the documents but denied that in his presence 3.900 kgs. of poppy straw was recovered and seized from the driver, Bahadur Singh and cleaner, Amreek Singh. The conviction was, however, based on the sole testimony of Investigating Officer, Head Constable Gontiya, PW3.