HARPAL SINGH @ HAPPY @ HAZARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction and order of sentence, both passed on 13.04.2010, whereby the appellant was held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act for short) and was sentenced to undergo rigorous imprisonment for ten months and to pay fine of Rs.2,000/- (Two thousand only). In default of payment of fine, he was to undergo further rigorous imprisonment for one month.

(2.) The prosecution filed charge-sheet against the appellant on the allegations that on 08.12.2005, SI Paramjit Singh, who was posted as Station House Officer, Police Station Khalra, was present at the bridge of drain Sidhwan where a secret information was received against the Harpal Singh @ Happy @ Hazara versus State of Punjab appellant that he along with other persons, who were named by the witnesses, were dealing in the smuggling of opium, smack and heroin. Accordingly, ruqa was sent for registration of a case and FIR was registered. Thereafter, investigation was handed over to SI Balkar Singh, who had actually apprehended the appellant and made the recovery, but he later on died and could not step in the witness box.

(3.) This witness, i.e. SI Paramjit Singh, identified the signatures of SI Balkar Singh on the relevant documents, as he was in a position to do so on account of SI Balkar Singh having worked under him when the latter was in-charge of the police station concerned.