SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant - Santokh Singh, aged 35 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dtd. 5/11/2004, passed by Judge Special Court, Rupnagar, in Sessions Case No.4/8/1/2003, arising from FIR No. 84 dtd. 29/9/2002 under Ss. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Chamkaur Sahib.

(2.) On 29/9/2002, in the area of Bhairon Majra, appellant was found in possession of 10 kg 500 grams of contraband, which was kept in a plastic bag. After completing formalities, investigation and receipt of FSL report E.x PH, seized contraband was declared that of poppy husk. Accordingly, appellant - Santokh Singh, was put to trial. He was charged for the offence punishable under Sec. 15 of the NDPS Act. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dtd. 5/11/2004 and vide separate order of sentence of even date i.e. order dtd. 5/11/2004, he was sentenced as under:- <FRM>JUDGEMENT_50_LAWS(P&H)4_2023_1.html</FRM>

(3.) Appeal was admitted on 19/11/2004, recovery of fine was stayed and after noticing the factum of total undergone period inside jail, remaining sentence of the appellant was suspended by this Court.