LAWS(P&H)-2002-11-204

VED PARKASH AND OTHERS Vs. STATE OF PUNJAB

Decided On November 25, 2002
Ved Parkash And Others Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Ved Parkash son of Tarsem Chand, Pawan Kumar son of Bikramjit and Billu Ram son of Jagdish Chand are the appellants who stand convicted vide impugned judgment of learned Additional Sessions Judge, Patiala under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as the Act) and have been sentenced to under go RI for 10 years each and to pay fine of Rs. 1 lac each and in default of payment of fine to further undergo RI for six months.

(2.) In brief, the case of the prosecution is that on 7.6.1993, Inspector Jaspal Singh alongwith other police officials was present on the bridge of canal minor of Kulburchha road going from Kulburchha to Samaria. A special nakabandi was done on that day. A truck from the side of Kulburchha was seen coming and the same was stopped with the signal of torch light. In the process of stopping, two persons came out of the cabin and jumped from the truck. They managed to escape. They were followed by the co- officials of Inspector Jaspal Singh but taking advantage of darkness they had managed to run away. However, one person was apprehended who disclosed his name as Billu son of Jagdish Chand. The names of other two persons who had fled away were disclosed by Billu Ram as Ved Parkash alias Veda and Pawan Kumar Jain. The number of the truck was PB-11-C-9129. The truck was searched according to the provisions of the Act as appellant-Billu Ram had allegedly reposed confidence in Inspector Jaspal Singh and on search 15 bags of poppy husk were allegedly recovered. The samples were drawn. The other legal formalities were also done at the spot. The truck was also taken into possession. On the ruqa sent, the present case was registered.

(3.) The trial court charged all the appellants under section 15 of the Act and on consideration of entire evidence, all the appellants were convicted and sentenced as indicated above. Aggrieved by the impugned judgment of conviction and sentence, they have preferred the present appeal.