LALA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOTH these referred to above criminal appeals by convicts Lala Singh and Kala Singh having arisen in the same very case and an outcome of common judgment and order of sentence dated 13.11.2003 are being disposed off together.

(2.) THE allegations of the prosecution are that on 20.1.1998, Police party from C.I.A. staff while on patrolling duty in the area of village Upali at a deserted place near a katcha path found two persons sitting on a gunny bag under the camouflage of bushes. Upon being apprehending their identities were revealed to be of present appellants Kala Singh and Lala Singh. After the Investigating Officer showed his inclination of search and recorded their option by way of memos Ex.PB and Ex.PC, and, thereafter, DSP as per the wishes of the accused being Gazetted officer was called and upon search of the bag underneath them poppy husk was recovered, out of which, two samples each of 250 grams were drawn separately and residual on weighing came to 30 kgs. Thus, totalling to 30 kgs and 500 grams and DSP, Ranbir Singh (now deceased) countersigned on the recovery memos as well as CFSL form and, thereafter, the same were taken into police possession through memo Ex.PD.

(3.) THE prosecution at the trial examined PW1 C. Ginder Singh, PW2 Inspector, Sardara Singh, PW3 HC Joginder Singh and PW4 Inspector, Gurpreet Singh. The accused denied the allegations in the stand taken under Section 313 Cr.P.C. leading to the conclusion, whereby, both the accused found guilty for committing an offence under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for two months.