BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 10.07.2012, passed by the learned Judge, Special Court, Ludhiana, vide which accused-appellant Buta Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after called the 'Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) As per the prosecution case, on 05.10.2003, Sub Inspector Raminder Singh along with Assistant Sub Inspector Teja Singh and other police officials was going towards village Boparai Kalan in connection with patrolling. When they reached at the bridge of minor canal, Sudhar, Paramjit Singh son of Amar Singh met them and SI Raminder Singh was talking with him. At about 10:00 A.M., one scooter of light green colour, driven by one Hindu man, was seen coming. A plastic white bag was loaded on the rear seat of the scooter. On seeing the police party, he tried to turn back the scooter but he was apprehended by SI Raminder Singh with help of other police officials. On inquiry, he disclosed his name as Buta Singh son of Pritam Singh. One another bag was lying on the front foot rest of the scooter. SI Raminder Singh disclosed his identity to the accused and also stated him that he wants to make search of plastic bags.

(3.) The accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 03.02.2004 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.