PALA SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellants -Pala Singh and Angrej Singh challenging their conviction and sentence by the learned Judge, Special Court, Karnal vide impugned judgment and order dated 11.09.2003 and 15.09.2003 respectively. Both the appellants have been convicted for the offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substance Act (for short 'NDPS Act'), 1985 and sentenced to undergo rigorous imprisonment for ten years besides to pay a fine of Rs. 1,00,000/ - and in default thereof to undergo rigorous imprisonment for one year.

(2.) BRIEF facts are that secret information was received by PW7 Jai Singh, SI/SHO, Police Station Taraori on 21.07.2001 that both the appellants along with one Balvinder Singh son of Pala Singh were coming from the side of village Bir Nidana towards village Nidana in a tractor trolley loaded with poppy husk. Tractor was disclosed to be driven by Angrej Singh. Pala Singh and Balwinder Singh were sitting in the trolley. Jai Singh, SI along with other police officials was going towards bridge of canal Nidana at that time in connection with patrolling checking and naka bandi.

(3.) PROSECUTION examined as many as seven witnesses to prove its case. Accused while denying incriminating material put to them pleaded innocence and false implication in their statement under Section 313 Cr.P.C. However, no evidence was led in defence.