NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Nirmal Singh was convicted under Section 18 (b) of the NDPS Act and sentenced to undergo 10 years' R.I. and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo Rigorous Imprisonment for a further period of 6 months. Accused Nirmal Singh has challenged the above conviction and sentence passed by the trial Court in CRA -S -1336 -SB of 2010. He has also filed CRR No. 1014 of 2013 challenging the dismissal of his plea for release of the truck which allegedly transported 5 Kgs of Opium.

(2.) THE entire case of the prosecution is evident from the following testimony of PW3 SI/SHO Hardeep Singh, who intercepted and searched the truck owned by the accused, collected samples therefrom, investigated the case and filed the final report.

(3.) IN addition to PW3 the star witness in this case, the prosecution examined PW1 Karamjit Singh, DSP in whose presence the contraband was recovered from the Truck and PW2 HC Ashwani Kumar who was engaged for depositing the sample with the FSL.