LAWS(SC)-2009-4-77

STATE OF PUNJAB Vs. SURJIT SINGH

Decided On April 22, 2009
STATE OF PUNJAB Appellant
V/S
SURJIT SINGH Respondents

JUDGEMENT

(1.) In this appeal challenge to the judgment of a learned single Judge of the Punjab and Haryana High Court directing acquittal of the respondents who faced trial for alleged commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act'). Each of the respondents was sentenced to undergo 10 years' rigorous imprisonment and to pay a fine of Rs. 1,00,000/- with default stipulation.

(2.) Learned Judge, Special Court, Sangrur had found them guilty. Prosecution version as unfolded during the trial was as follows.

(3.) On 11-7-2000, Assistant Sub Inspector Vijay Kumar along with other police officials was on patrol duty in the area of village Nagra. Karnail Singh independent witness met them there and he was joined in the police party. Thereafter, they proceeded towards Village Akberpura. When they reached near the bridge of minor canal, then the respondents were seen sitting on the gunny bags. On seeing the police party, they succeeded in running away. However, they were identified by Kashmir Singh, Head Constable and Baljit Singh, Head Constable.