BALDEV SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 25.03.2004, passed by learned Judge, Special Court, Jalandhar, vide which accused-appellants Baldev Singh alias Nikka and Sukhwinder Singh alias Sukha have been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on the quantum of sentence of the even dated, vide which they have been sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of 1,00,000/- e ach, in default of payment of fine they were further ordered to undergo rigorous imprisonment for a period of six months each.

(2.) As per the prosecution allegations, on 15.05.1999 PW4 Inspector Pritam Singh, the then SHO Police Station Nakodar, along with other police officials was present at Fountain Chowk, Nakodar. Where he received secret information that Baldev Singh alias Nikka, Sohan Singh and Sukhwinder Singh alias Sukha, nephew of Sohan Singh, were carrying poppy husk in truck No.PCM-9988 along with chips material.

(3.) On return to the police station, the case property and sample seal were deposited with MHC Parminder Singh. On 16.05.1999, the case property and sample seal were taken out from the Malkhana and produced before the Illaqa Magistrate vide application Ex.PJ. Thereafter, the case property was again deposited with the MHC. In due course, the sample parcel was sent to the Chemical Examiner through Constable Ranjit Singh, which was found to be of poppy husk vide report Ex.PK. On completion of formalities of investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') was presented in the Court.