BINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I intend to dispose of above mentioned two appeals arising out of the same judgment, passed by Judge, Special Court, Patiala in FIR No.692 dtd. 1/12/2000, for offences under Ss. 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), registered with Police Station Kotwali, Patiala. Appeal No.CRA-S-1817-SB-2007 has been filed by appellantaccused Binder Singh whereas, appeal No.CRA-S-2281-SB-2007 has been filed by appellant-accused Mohinder Pal Singh.

(2.) Briefly stated the facts of the case, as per prosecution story are that on 1/12/2000, a police party from Police Station Kotwali, Patiala headed by SI Satpal Singh of CIA Patiala (hereinafter referred to as the Investigating Officer/IO) while travelling in an official vehicle, was present at Modi College Chowk, Patiala in connection with checking of bad elements; there the IO received a secret information that accused Binder Singh, Mohinder Pal, Gopal Singh and Harbhajan Singh were involved in sale and purchase of poppy husk and on that day, they were bringing poppy husk for sale in Maruti 1000, having registration No.DL-5C-4169 and if a picket was laid, then huge quantity of poppy husk could be recovered from such accused; the IO sent ruqa Ex.PB to police station on the basis of which formal FIR Ex.PB/1 was recorded.

(3.) On presentation of the challan before Judge, Special Court Patiala, copies of documents relied upon therein were supplied to the accused free of costs as provided under Sec. 207 Cr.P.C., and then finding a prima facie case, charge for an offence under Sec. 15 of the Act was framed against accused Binder Singh, Mohinder Pal Singh, Harbhajan Singh @ Bhajan Singh and Gopal Singh @ Kaka whereas for an offence under Sec. 25 of the Act against Harjinder Kaur accused. All the accused pleaded not guilty to the charge and claimed trial.