GURSHARAN SINGH ALIAS SARNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gursharan Singh alias Sarna (appellant) has filed this appeal against the judgment of conviction and the sentence order dated 27.9.2004 passed by the Judge, Special Court, Sangrur, whereby he was convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay Rs. 1 lac, as fine, in default whereof to undergo further rigorous imprisonment for a period of one year.

(2.) As per allegations of the prosecution, on 19.5.2000, Sub Inspector/Station House Officer Balwinder Singh, along with other police officials was present on the Jorra Pul (bridge of canal minor) on a Government vehicle in connection with 'Nakabandi'. In the meantime, a Cantessa car bearing registration No. DNJ-2016 was noticed coming from the side of Village Chhapa. Sub Inspector Balwinder Singh stopped the car by giving signal. The said car was immediately stopped. Two unidentified persons came out of the car and ran away towards backside. Sub Inspector Balwinder Singh and other police official persons followed them. The said persons were successful in running away from the spot. The Sub Inspector conducted search of the car. Two bags containing something were found on the back seat of the car. The bags were taken out. Poppy husk was found in the bags. Two samples of 250 grams each was separated from the bags. The samples and the remaining poppy husk contained in the bags were separately sealed and taken into possession by the police. The car, which was without documents, was also taken into possession. Ruqa was sent to the Police Station and on its basis formal First Information Report was registered. Rough site plan of the place of recovery was prepared.

(3.) During investigation of this case, Registration Certificate and Insurance of the above-said car were taken into possession from accused-appellant Gursharan Singh alias Sarna.