JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 21.08.2003 passed by the court of learned Judge Special Court, Jalandhar whereby he convicted and sentenced the accused Avtar Singh. Balkar Singh and Jagir Singh to undergo rigorous im-prisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for one year.

(2.) Tersely put facts of the prosecution case are that on 01.07.1997 Sub inspector/ SHO Sucha Singh amongst other police officials be-ing under the supervision of DSP Dilbagh Singh happened to be present at canal bridge, village Chomo in connection with patrolling. Around 1.30 a.m. (night) one truck bearing registration No.PB-08-D-0559 came from the side of village Daroli Kalan. On being given a signal, it came to halt. It was being driven by accused Avtar Singh by whose side the accused Jagir Singh and Balkar Singh were seated. On search of the truck. 4 bags containing poppy husk yielded. 250 grams of poppy husk was drawn from each bag to serve as a sample and converted into parcels. The residue of each bag when weighed came to 34 Kgs 750 grams which was also made into parcels. The case property including the sample parcels were sealed with seals SS and DS and taken into possession along with the truck. All the three accused were put under ar-rest. After completion of investigation, charge-sheet was laid in the court for trial of the ac-cused.

(3.) The accused Avtar Singh, Balkar Singh and Jagir Singh were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined Con-stable Gumam Singh PW1, Surinder Kumar clerk DTO Office PW2, "HC Sukhdev Singh PW3, DSP Dilbagh Singh (now S.P.) PW4. Sub Inspector Sucha Singh Investigator PW5 and close its case