NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.09.2004 passed by the learned Judge, Special Court, Mansa, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act"). In default, to further undergo rigorous imprisonment for six months.

(2.) Brief facts of the case are that SI/SHO Baljit Singh along with ASI Ajmer Singh, C-II Kewsar Singh, C-II Harpal Singh, SPO Daljit Singh, PHG Major Singh in Government canter driven by Constable Ajaib Singh in connection with patrol duty, reached on the bridge of canal situated in the revenue estate of village Kotli Kalan.

(3.) There Surjit Singh son of Ganga Singh met him and joined with the police party. When the police party have have gone just 1/4 kilometer from railway line towards Village Bhai Desa, they saw one person sitting on the bags on the right side in the ditches of the canal. He was apprehended with the help of police officials. He disclosed his name to be Nachhattar Singh son of Mukhtiar Singh resident of Village Kotli Kalan. Since the Investigating Officer suspected some intoxicant in four gunny bags, he asked the accused whether he want to search his bags in the presence of a Gazetted Officer or Magistrate.