HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 18.10.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 505-SB of 2000, whereby the High Court dismissed the appeal filed by Hardip Singh and upheld the conviction and the sentence passed against him under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the 'Act').

(2.) Briefly, the prosecution case is that on 20.8.1997 when Inspector Jarnail Singh (examined as PW 5 in the trial), along with SI Sukhwinder Singh and other police officials were standing on a drain bridge falling within the jurisdiction of village Chamairi, a truck bearing registration No. DIG 4615 being driven by Sri Inder Masih was seen coming from Ajnala side, when the truck was stopped. Hardip Singh, the present appellant, was seen sitting by the side of the driver, in the said truck. Meanwhile one Major Singh, who was examined as one of the witnesses in the trial also reached there on a bicycle and upon reaching the place he alighted from the bicycle and joined the police party. Immediately thereafter Inspector Jarnail Singh sent a wireless message to SS Mann, Deputy Superintendent of Police (PW 4), requesting him to reach the place of occurrence, who after receiving the message immediately reached at the place of occurrence.

(3.) The learned Sub Divisional Magistrate, Ajnala committed the case for trial to the learned Court of Sessions Judge. Under order dated 4.3.1998, the learned Sessions Judge, Amritsar framed charges against both the accused under the provisions of Section 18 of the Act to which they pleaded not guilty and pleaded for trial.