NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.4.2004/order of sentence dated 19.4.2004 passed by the court of learned Judge Special Court, Moga whereby he convicted and sentenced the accused Nirmal Singh to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) Succinctly put, the facts of the prosecution case are that on 25.6.2002 police party headed by ASI Partap Singh including Ranjit Singh son of Balwinder Singh was proceeding from canal minor Wadha Ghar towards village Mahla Khurd on road. When it went about 3/4 km ahead of canal minor bridge, the accused was noticed sitting on the bags near eucalyptus tree in the ditches. On catching sight of the police party, he made an attempt in vain to slip away but he was intercepted. He was apprised of his right to have their search of the bags in the presence of a Gazetted Officer or a Magistrate as their contents were suspected to be some contraband. He expressed his desire to have search in the presence of a Gazetted Officer. On receipt of message Harjit Singh Pannu D.S.P. Bagha Purana came at the spot. On search of the six bags, their contents were found to be poppy straw. Usual formalities were observed. The accused was put under arrest. After completion of investigation, the charge-sheet was laid down in the court for trial of the accused.

(3.) The accused was charged under Section 15 of the Act to which he did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 Inspector Jagjit Singh, PW-2 ASI Partap Singh, PW-3 HC Harbans Singh, PW-4 Gursewak Singh, PW-5 Komal Singh, PW-6 Harjit Singh Pannu D.S.P., PW-7 Constable Devinder Singh and closed its case.