KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the conviction of appellants recorded by the Judge, Special Court under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Being commercial quantity, appellants were 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 six months each.

(2.) The version of prosecution is that on 04.05.1994, police party headed by Inspector Teja Singh, SHO of Police Station Kotwali, Bathinda was present at Naruana road in connection with checking of vehicles. Chand Singh son of Kala Singh a private witness was also present with the police party. Major Singh DSP City Bathinda came there and was issuing instructions with regard to checking of the vehicles. In the meanwhile, the police party saw Truck No. PB-03-2808 coming from Naruana side at a fast speed. Inspector Teja Singh stopped the vehicle with the help of other officials. The driver and other occupant of the truck sitting in cabin, tried to run away. Kulwant Singh-appellant No. 1, the driver was apprehended at the spot but his accomplice managed to escape.

(3.) Search of the truck was conducted by Inspector Teja Singh in the presence of DSP Major Singh. The truck was found loaded with four bags containing 32 kgs. of poppy-husk each. 100 gms. of poppy-husk from each of these bags were separated as samples. The samples and remaining gunny bags each containing 30 kgs. 900 gms. of poppy-husk were prepared into parcels sealed with seal bearing impression 'TS' of the Inspector. Seal after use was handed over to ASI Dinesh Kumar.