MEHAR SINGH & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal was jointly filed by the three convicts including appellant No. 3 (A-3) Hari Dev son of Chandu Ram. A report dated 17.09.2012 accompanied by copy of death certificate has been received from the Superintendent Central Jail, Gurdaspur where Hari Dev was lodged, that he died on 27.12.2007 while on parole. None of his near relative applied to this Court for leave to continue the appeal. Therefore, the appeal qua A-3 would stand finally abated on his death in terms of Section 394 of the Code of Criminal Procedure (for brevity 'Code').

(2.) The appellants faced trial of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as 'the Act') for possessing 279 kgs. of poppy husk in a Mahindra Jeep bearing registration No. HP-29-0619, without permit or licence. They were convicted of the said charge by Special Judge, Gurdaspur and each of them was sentenced to undergo rigorous imprisonment for 12 years and a fine of Rs. 1 lac each, in default to further undergo rigorous imprisonment for six months. The period of detention already undergone by them during investigation and trial of the case was to be set off against substantive sentence of imprisonment.

(3.) The version of prosecution is that on 11.11.2003, police party headed by Sulakhan Singh, Incharge Police Post, Division No. 2, Pathankot, falling in Police Station Division No. 1 including ASI Tarsem Lal was holding Nakabandi (roadblock), for checking vehicles and bad elements, opposite Canada Marriage Palace on Dalhousie Bye Pass Road, Pathankot. Bhupinder Singh son of Chanan Singh resident of Guru Gobind Singh Nagar, Pathankot, who came there, was associated by the Police party. At about 5.00 p.m., the Police party spotted Mahindra Jeep No. HP-29-0619, coming from Simble Chowk, Pathankot, and it gave a signal to the Jeep driver to stop but the driver and two other persons sitting on the bags loaded in the rear portion of the Jeep tried to flee. All the three occupants were apprehended. Mehar Singh, appellant No. 1 (A-1) was driver of the vehicle and other two persons sitting on the heap of bags are Lal Singh appellant No. 2 (A-2) and A-3. All of them belong to District Mandi, Himachal Pradesh.