DAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A secret information was received that Bakhshish Singh @ Bittu, Darbara Singh @ Sonu, Sandeep Kumar @ Deepu, Malkiat Singh @ Kaka and Davinder Kumar were transporting narcotic substance in a Cielo car bearing registration No. DL3CH-3737. Relying upon the secret information received, the police party apprehended the said vehicle on the early hours of morning on 29th December, 2004 and taken into custody three appellants, namely Bakhshish Singh @ Bittu, Darbara Singh @ Sonu, Sandeep Kumar @ Deepu, whereas the remaining two appellants, namely Malkiat Singh @ Kaka and Davinder Kumar, are stated to have escaped from the spot. From the above said Cielo car, four bags of poppy husk weighing 35 kg each and 4 kg opium were recovered, which led to registration of a case FIR No. 228 dated 29.12.2004 at Police Station Phillaur, District Jalandhar under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act').

(2.) The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. Special Court at Jalandhar charged all the five occupants of the vehicle for offences punishable under Sections 15 and 18 of the Act. The accused pleaded not guilty and claimed trial.

(3.) After conclusion of the trial, the Judge, Special Court, Jalandhar vide impugned judgment dated 15th December, 2006 convicted the appellants for offences punishable under Sections 15 and 18 of the Act, and vide a separate order of even date sentenced them to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,00,000/- each, in default of payment of fine to further undergo rigorous imprisonment for two years on both the counts. The substantive sentences awarded on both counts, i.e. under Sections 15 and 18 of the Act, were ordered to run concurrently.