GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 21.3.2003 passed by the court of learned Judge, Special Court, Kapurthala whereby he convicted and sentenced the accused Gurnam Singh and Ranjit Singh to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1.00 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for 1 year.

(2.) As the prosecution story goes, on 29.8.1999, SHO Kuljinder Singh alongwith other police officials on the direction of DSP Joginder Singh had laid naka on the turning of the road in the area of village Badshahpur. Meanwhile, Ura Singh member panchayat came from the side of village Dham and was joined by the police party. Around 8.00 A.M. truck bearing registration No. PJC-1634 came from the side of village Subhanpur and the same was signalled to stop. The truck driver made an endeavour to slip away, but he was intercepted. He disclosed his name as Gurnam Singh. The other person who was sitting in the struck disclosed his name to be Ranjit Singh. On receipt of message, DSP Joginder Singh came at the spot. On search of the truck , 9 gunny bags of poppy husk lying beneath the ply were recovered. 250 gms poppy husk was drawn from each bag to serve as sample which was converted into parcels. The residue of each bag when weighed came to 24 kgs which was also turned into parcels. These parcels were sealed with seal bearing impressions JS belonging to the DSP. These alongwith the truck as also the documents were seized. The seal after use was handed over to ASI Kuldeep Singh. Both the accused were arrested. After completion of investigation, the charge- sheet was laid in the court for trial of the accused.

(3.) The accused were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. In order to substantiate its allegations, the prosecution examined PW-1 Constable Joga Singh, PW-2 HC Jasbir Singh, PW-3 SI Kuljinder Singh SHO, PW-4 retired DSP Joginder Singh and closed its evidence by tendering the report of the Chemical Examiner.