PURAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants named above have challenged the judgment of conviction dated 07.12.2009 and order of sentence of the even date vide which all the 5 appellants have been held guilty and convicted for the offence under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act') and sentenced to undergo 12 years' rigorous imprisonment and to make payment of fine of Rs. 1,00,000/ - and in default of payment of fine, to further undergo 2 years' rigorous imprisonment.

(2.) BRIEFLY , prosecution case is that on 12.06.2002, ASI Narinder Pal Singh along with other police officials was present in the revenue area limits of village Sherewala on a Katcha passage and set up a Naka. At about 8.10 am, a jeep bearing registration No. DL 2CF -2644 came from village Patli via Katcha passage and on seeing the police party, the driver of the jeep stopped the jeep at a distance of 100 yards from the Naka. On suspicion, police party reached the spot and tried to apprehend the occupants of the jeep. Three persons who were present in the jeep fled away whereas two persons were apprehended on the spot. On inquiry, one of them disclosed his name as Bhagwan Singh son of Amar Singh, resident of village Sukhera and the other person disclosed his name as Puran Singh son of Pritam Singh, resident of village Mahalam. The names of other persons were disclosed by the said accused as Bhagwan Singh son of Makhan Singh resident of village Sukhera, Raja son of Sona resident of village Sukhera and Nikku Ram son of Nirmal resident of village Lamochar Kalan who was the driver of the jeep.

(3.) ON 21.08.2002, accused Rakesh Kumar alias Nikku surrendered himself before the Court of Judicial Magistrate, Ist Class, Abohar and he was arrested in the case. Arrest memo Ex. P -18 was prepared. Accused Rakesh Kumar suffered disclosure statement Ex. P -19. Copy of registration certificate of jeep was got recovered and the same was taken in police custody vide recovery memo Ex. P -20. After completion of investigation, challan was presented before the Court. Charge was framed against the accused for commission of offence under Section 15(e) of the Act to which accused pleaded not guilty and claimed trial.