RAVINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS -Ravinder Singh and Mohinder Pal were tried for committing offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter referred to as 'the Act') on the allegations that on 17.9.2000 at 5.10 p.m. in the area of village Malakpur, they were found in possession of 3 kgs and 20 grams of charas without any valid permit or licence. Vide judgment and order dated 17/18.9.2003, the Special Judge, Gurdaspur convicted them for the aforementioned offence and sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) THE facts leading to the filing of the appeals by the appellants are that on 17.9.2000, Inspector Kuljit Singh, Incharge, CIA Staff, Pathankot alongwith fellow police officials was present at the small canal in village Malakpur, falling within the jurisdiction of Police Station Sadar, Pathankot, in connection with patrolling and checking of bad elements. He received secret information that one bus No. DL -IP -5848 being driven by one person having Mula cut fashion and one Sikh gentleman sitting in the bus were carrying a bag containing charas and coming from the side of Madhopur. In case, a raid was conducted or naka set up, the contraband could be recovered. The information was found to be reliable. Accordingly, Inspector Kuljit Singh, sent a ruqa to Police Station Sadar, Pathankot for registration of the case. On the basis of which FIR No. 221 dated 17.9.2000 under Section 20 of the Act was registered by ASI Jassa Singh.

(3.) IN support of its case, the prosecution examined PW1 MHC Subash Chander, who had kept the case property in the Malkhana, PW2 Constable Kewal Krishan, who deposed about taking the sample parcel to the office of the Chemical Examiner, PW3 Prem Pal, Senior Assistant, District Treasury Officer, Gurdaspur, who testified that the case property was deposited in the Treasury in double lock -up, PW4 Constable Sohan Singh, who delivered the special report, PW5 ASI Tarsem Lal, recovery witness, PW6 Shri Gurdev Singh, S.P. and PW7 Inspector Kuljit Singh, who by then stood promoted as DSP. Report Ex.PX of the Chemical Examiner was tendered in evidence.