BOOTA SINGH & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Boota Singh, Bakhshish Singh and Bhagwan Singh were convicted under Section 15(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short 'NDPS Act') and were each sentenced to undergo 10 years R.I. and to pay a fine of Rs. 1 lac and in default, to undergo a further period of 1 year R.I. each. Accused Boota Singh and Bhagwan Singh have jointly challenged the above judgement of conviction and sentence passed by the trial Court. A separate appeal preferred by accused Bakhshish Singh in CRA-S-581-SB of 2008 abated on 23.4.2015 as he had died.

(2.) It is the case of the prosecution that accused Boota Singh, Bakhshish Singh and Bhagwan Singh were found in conscious possession of 45 bags of poppy husk each containing 35 kgs. without holding any valid permit or licence.

(3.) On 2.6.2005, at about 12.00 noon, PW2 SI Major Singh proceeded alongwith the police party in connection with patrolling duty. When the police party reached the area of village Walayat Shahwala, a truck bearing registration No.PB10-C-9535 came from the side of village Varpal. The driver of the truck stopped the vehicle at a distance of 30 karams behind the railway crossing and tried to run away from the spot after getting down from the truck. PW2 apprehended the driver of the truck at the spot with the help of other police officials. Two more persons also were sitting in the cabin of the truck. They were also apprehended by PW2. On enquiry, it was found that the truck was driven by accused Boota Singh. Two other persons sitting near accused Boota Singh were accused Bakhshish Singh and Bhagwan Singh.