GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurdeep Singh son of Bhura Singh preferred this appeal to impugn the judgment of conviction/order of sentence dated 8.9.2006 passed by Special Judge, Mansa in Sessions Case No. 38 of 01.04.2003 arising out of FIR No. 224 of 10.12.2002 at Police Station, City Mansa. By the said judgment, he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act') to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs. 2,00,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of two years.

(2.) Jagtar Singh, co-accused was acquitted of the charge levelled against him. Against acquittal of Jagtar Singh, no appeal was preferred by the State. Third accused, Tarsem Singh is a Proclaimed Offender.

(3.) Prosecution story, in brief, is that on 10.12.2002, police party headed by Inspector Harpal Singh while on patrol duty was going towards Sirsa Road on a govt. gypsy bearing registration No. PB-12 A-4436. When the police party was near the link road leading from Sirsa road to Market Committee where wall of grain market ends, then Gulzari Lal had met the police party. After joining Gulzari Lal, naka was laid. In the meantime, truck bearing registration No. PB-13F-2060 was sighted while coming from the side of Sirsa road and was signalled to stop with the help of torch. Inspector, Harpal Singh had gone towards the driver side and driver was requested to alight from the truck. On enquiry, he disclosed his name as Gurdeep Singh son of Bhura Singh. ASI, Buta Singh along with other police officials had gone towards the second side of the truck. Two persons after alighting from the door of the truck and taking advantage of the darkness ran towards the Sirsa road. Police party had chased the accused but failed to apprehend them. Their names were disclosed by ASI Buta Singh and Head Constable Baldev Singh as Jagtar Singh alias Tari and Tarsem Singh.