GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the applicant-appellant prays for correcting the spellings of Police Station Abohar. Permitted to do so. Custody certificate of Gurcharan Singh, applicant-appellant filed in Court today is taken on record.

(2.) Heard learned counsel for the parties on the suspension of sentence.

(3.) The learned Special Judge, Ferozepur vide order dated 3.12.2009 has convicted the applicant-appellant for the offence under Section 15 (b) of the NDPS Act. He has been sentenced to undergo imprisonment for three years; besides to pay a fine of Rs.20,000/- and in default of payment of fine to undergo rigorous imprisonment for six months. A Police party headed by ASI Hardip Singh on 11.7.2005 was going from Village Bahavwala to Village Rajpura by unmetalled way in connection with patrol duty. When the Police party reached on the bridge of canal minor in the area of Village Bahavwala, the applicant-appellant was seen coming from the opposite side carrying jute bag on his head. On seeing the Police party he turned towards the cotton field. On account of the suspicion raised he was stopped by ASI Hardip Singh and bag carried by him was searched which was found to contain 25 Kgs. of poppy husk. The learned trial Court after considering evidence and material on record convicted and sentenced him as mentioned above.