(1.) The appellant and two others were tried of the charge under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and Section 353 of the Indian Penal Code (IPC) for having assaulted the members of police party at the time of their apprehension. The trial Court acquitted the accused persons under Section 353 IPC by holding that none of the police officials had in fact suffered injuries in the scuffle. Co-accused Satpal and Balwinder Singh @ Billi were acquitted of the charge under Section 15 of the Act whereas the appellant stood convicted thereunder. The appellant was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac, in default of payment of fine to further undergo rigorous imprisonment for one year.
(2.) The prosecution story is briefly stated:- On 27.05.2004, the police party headed by PW-2 ASI Surinder Kumar of Police Station Moonak was holding picketing at T-point near the Tax Barrier of village Chural Kalan in connection with District Red Alert. Balbir Singh son of Dhanna Singh resident of village Bakhora Khurd came there and the police party started having conversation with him.
(3.) The prosecution examined six witnesses in support of its case.
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