KULDIP SINGH @ BILLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I intend to dispose of Crl.A. Nos. 573 SB of 2011 and 523 SB of 2011 as both the appeals arise out of same judgment.

(2.) These appeals have been directed by the accused-appellants Kuldip Singh @ Billa and Kewal Ram @ Kebi against the judgment dated 14.2.2011 passed by Sh. Tarsem Mangla, Judge Special Court, Jalandhar, vide which both the accused have been convicted under Sec. 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter after to be referred to as 'the Narcotic Drugs And Psychotropic Substances Act') and sentence to undergo rigorous imprisonment for one year each and to pay fine of Rs. 1,000.00 each. In case of default of payment of fine, both the accused were sentenced to further undergo rigorous imprisonment for one month each, for having been found in possession of 15 Kgs of poppy husk.

(3.) Briefly stated, the facts of the case of the prosecution are that on 31.5.2009, ASI Amarjit Singh along with the other police officials was conducting Nakabandi at 'T' Point, Johlan Road, Chak Des Raj where he intercepted a black coloured motor cycle upon which two persons were riding. Both of them had kept a sack in between them on the seat of the motor cycle. When they were signaled to stop the vehicle, they tried to take a turn which raised suspicion. By chance, a private witness Varinder Singh reached the spot and was joined. After over powering the motor cycle riders, they told their names as Kuldip Singh @ Billa and Kewal Ram @ Kebi (pillion rider). Suspecting that there was some narcotic in the above said bag, ASI introduced himself to the accused and disclosed his intention to search the bag and apprised the accused about their legal right to get the said bag searched in the presence of Magistrate or Gazetted Officer. However, they reposed faith in ASI Amarjit Singh. When the sack carried by the accused was opened, it was found to contain Poppy Husk. Two samples of 250 grams each were separated and the residue on weighment came to be 14 kgs 500 grms. Sample parcel and bulk case property were taken into police possession and duly sealed. Accused were arrested and after completion of investigation, challan against the accused was presented.