JARNIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated January 8, 1996 passed by the Additional Sessions Judge. Barnala, whereby the appellants have been convicted and sentenced under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (for short the Act) as follows:

(2.) The prosecution case as stands unfolded from the testimony of D.S.P. Narjinder Singh (P.W. 6) is that on December 18, 1994 at about 7 A.M. he along with AS.I. Malkiat Singh. A.S.I. Jagdeep Singh. H.C. Jaswinder Singh and other police officials was on patrol duty in area of village Farwahi. Amarjit Singh. an independent witness had also been joined with the patrolling party. On suspicion they intercepted a truck bearing registration No. DL-IG 9415 coming from the side of Sekha. The truck was being driven by Jarnail Singh accused, while Karam Singh (second driver) and Gurmukh Singh (cleaner) were sitting by his side. After disclosing his identity. D.S.P. Nari,nder Singh searched the truck and 176 bags of poppy husk weighing 39 Kgs. each, were recovered there from. Two samples of 250 gms. each were taken from each of the 176 bags. Separate parcels of the samples were prepared and sealed. Each sample was also separately marked and taken into possession. On the basis of the ruqa sent by the D.S.P.. formal first information report (Ex. PM/I) was recorded at Police Station Kotwali. Barnala on the same day at 10.35 P.M. The D.S.P. prepared the rough site plan and recorded the statements of the witnesses.

(3.) Accused Jarnail Singh. Karam Singh and Gurmukh Singh were charge-sheeted under Section 15, while Amrik Singh (owner of the truck) was charge-sheeted under Section 25 of the Act. The accused pleaded not guilty and claimed trial.