NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Nirmal Singh son of Bara Singh against judgment and order dated 25.4.2000 passed by the Additional Sessions Judge, Ludhiana, whereby he was found guilty and convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. one lac; in default of payment of fine he was further sentenced to undergo R.I. for 1 year.

(2.) BRIEFLY stated, the facts are that on 9.9.1993 PW3 Inspector Balwant Singh, S.H.O. of Police Station Sadar, Ludhiana along with HC Jagjit Singh and others was on patrol duty at Rahon road near the petrol pump of Ishar Singh where ASI Parminder Singh was joined in the police party. At about 10.30 A.M. from the side of petrol pump a tractor trolley came for going towards Ludhiana. Two persons were sitting on the tractor while the other two were sitting on the fodder loaded in the trolley. The tractor trolley was going at a fast speed. Inspector Balwant Singh on suspicion signalled the tractor trolley to stop. The driver of the tractor ran away while the other two person who were sitting in the trolley were apprehended. They told their names as Surjan Singh and Nirmal Singh. The persons who had run away were identified by HC Ajit Singh as Sant Singh son of Kartar Singh and Sukhwinder Singh son of Gulzar Singh. Upon removing the fodder, 30 gunny bags containing poppy husk were found. On weighment, each bag was found to contain 40 kgs of poppy husk. Two samples of 250 Gms. each were taken out from each of the gunny bags. The samples and the remainder in the gunny bats were separately sealed with the seal 'BS' and were taken into possession vide recover memo Ex.PA, attested by the witnesses.

(3.) AFTER completion of the necessary investigation, the challan was put up in the Court of Judicial Magistrate Ist Class, who in turn committed the case to the Court of Sessions.