SUKHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Sukhpal Singh, Mukhtiar Singh, Kaka Singh and Kala were convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS Act') and were sentenced to undergo 12 years R.I. and to pay a fine of Rs. 1 lac each and in default of payment of fine to undergo a further period of 1 year each. They have preferred the present appeals aggrieved by the judgement of conviction and sentence recorded by the trial Court.

(2.) The brief case of the prosecution is that on 10.3.2003 PW6 Ranjit Singh was present alongwith PW6-A ASI Kaus Singh (wrongly assigned with the rank of PW6 by the trial Court; for the sake of convenience he is referred as PW6A in this appeal), H.C. Kewal Singh and other police officials at Chowk Sullar Daru Kutia. PW6 received a secret information that accused Mukhtiar Singh, accused Sukha, accused Kaka and accused Kala were selling huge quantity of poppy husk on the motor pumpset of Harish Kumar. PW6 sent ruqqa Ex.PH to the police station for registration of the case. FIR Ex.PH/1 was registered based on the above ruqqa.

(3.) PW6 proceeded for the raid to the disclosed place. When the police party headed by PW6 reached near the flour mill of Mukhtiar Singh, PW7 Prem Kumar met them. He was joined in the police party. Raid was conducted at the motor pump-set of Harish Kumar in village Sher Majra. PW5 DSP Bhupinder Singh met the police party in the village and he was also associated.