SUKHWINDER SINGH @ PINKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 16.11.2007 passed by the court of learned Judge, Special Court, Ludhiana whereby he convicted and sentenced the accused Sukhwinder Singh @ Pinky to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1.00 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1988 (for brevity the Act) and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The factual score records that on 10.12.2002 when Assistant Sub Inspector Rajinder Singh accompanied by other police officials reached ahead of the bridge of seepage drain falling in between villages Pabbian and Sohiana in connection with patrolling, they found the accused sitting on the bags containing some material, whilst one bag lay in front of him. One scooter make Bajaj Chetak, green in colour too lay parked there. On catching sight of the police party, the accused made an attempt in vain to run away towards the seepage drain, but he was intercepted. He was told that the contents of the bags were suspected to be some contraband. So if he so desires he can have search before a Gazetted Officer or a Magistrate. He opted to have the search in the presence of a Gazetted Officer. On receipt of message, DSP Randhir Singh came at the spot. On search, the contents of the bags which were ten in number, were found to be poppy husk. Two samples each weighing 250 grams were drawn from each bag and converted into parcels. The residue of each bag when weighed came to 29.5 Kgs, which was also made into parcels. The case property including the sample parcels was sealed with seals HS and RS and seized vide recovery memo. The accused was arrested. After completion of investigation, the charge-sheet was laid 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. To bring home guilt against the accused, the prosecution examined PW-1 ASI Harjinder Singh, PW-2 HC Harchand Singh, PW-3 Constable Raminder Singh, PW-4 DSP Randhir Singh, PW-5 SI Arvind Puri and closed its evidence.