BALDEV SINGH@DEBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the impugned judgment of conviction & order of sentence dated 19.11.2008, appellant-convict Baldev Singh alias Deba son of Bawa Singh (for brevity "the appellant") has preferred the instant appeal, vide which, he was convicted & sentenced to undergo rigorous imprisonment for a period of ten years, to pay a fine to the tune of Rs. 1 lac and in default thereof, to further undergo RI for a period of one year, on accusation of having committed an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") by the Judge, Special Court.

(2.) Tersely, the facts, material and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, are that, on 8.8.1997, a police party headed by Mandeep Singh (PW3) SI/SHO of Police Station Sarhali received a secret information that Jaswant Singh, Hira Singh (acquitted accused) and Baldev Singh (appellant) were indulging and bringing some oil, used for preparing Heroin in a truck, bearing registration No.PB-02-D-9621. On the basis of secret information, a Naka was arranged near the Canal bridge of village Billianwala. On receiving the information, DSP Jarnail Singh (PW2) also reached the spot at 12.15 AM (mid night) and Rasal Singh son of Chanan Singh was joined as an independent witness in the raiding party.

(3.) The prosecution claimed that in the meantime, a truck came from the side of village Jamarai. Its driver was signaled by SI/SHO Mandeep Singh and the truck was stopped. Thereafter, three persons alighted from it and they ran away, taking the benefit of darkness. Rasal Singh, independent witness, identified Jaswant Singh alias Jassa accused, whereas the appellant was stated to have been identified by HC Gurbax Singh (PW4) and 3 rd person could not be identified. In the wake of search, 40 Cans, containing 20 liters each and 2 Cans, containing 35 liters each of oil were recovered. 180 ML oil was separated as sample from each Can. The samples and the remaining bulk of recovered oil were separately sealed with the seals 'MS' and 'JS''. The samples and the residue of oil were taken into possession, vide recovery memo (Ex.PB). The oil was chemically examined and it was found to be Acetic Anhydride by the Laboratory, by way of report (Ex.PX). Subsequently, the accused were arrested on 19.8.1997 by PW3.