ISHWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of Crl.A. Nos. 3210 SB of 2010 and 3256 SB of 2010, as both the appeals have arisen out of judgment dated 4.12.2010, passed by Sh. Paramjeet Singh, Judge, Special Court, Patiala, vide which the accused-Appellants have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act'), and accused Ishwar Singh was sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month, while accused - Vishnu Kumar Sharma was sentenced to undergo rigorous imprisonment for 11 months and to pay a fine of 1,000/- and in default of payment of fine to undergo rigorous imprisonment for one month.

(2.) The case of the prosecution, in brief, is that on 12.8.2006 SI Harmanpreet Singh alongwith HC Gurmit Singh and his companions was going from village Mehmudpur Highway towards GT road RajpuraAmbala and when they were present near railway crossing in the area of village Mehmudpur, Ram Asra Sarpanch met them and he was joined in the police party. When the police party was short of about 200 yards from GT Road Rajpura, from the opposite side they saw both the accused present in Court coming on foot having one plastic bag each on their heads. On seeing the police party they turned towards left side. On suspicion, they were apprehended. On enquiry they disclosed their whereabouts. The Investigating Officer disclosed his identity and apprised accused Vishnu Kumar of their legal right to be searched in the presence of a Magistrate or Gazetted Officer. The accused reposed confidence in the Investigating Officer. On search of bag of accused Vishnu Kumar Sharma, 8 kgs of poppy husk was recovered, out of which two samples of 100 gms each were drawn and were duly sealed. Similarly, on search of bag of Ishwar Singh, 10 kgs of poppy husk was recovered, out of which two samples of 100 grams each were drawn and duly sealed. Ruqa was sent to the Police station on the basis of which FIR was recorded. Rough site plan was prepared. After the investigation, challan was presented. Charge under Section 15 of the NDPS Act was served upon the accused, to which they pleaded not guilty and claimed trial.

(3.) The prosecution, in order to bring home the guilt of the accused, examined PW-1 HC Harjinder Singh, PW-2 ASI Salinder Singh, PW-3 HC Nahar Singh, PW-4 ASI Gurmit Singh, PW-5 SI Harmanpreet Singh and closed the prosecution evidence.