SUKHBIR KAUR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.05.2010 and order on sentence dated 20.05.2010 rendered by learned Special Court, Kapurthala whereby the appellants-accused were convicted for committing offence punishable under Section 15 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be called as N.D.P.S. Act) for keeping in their possession 24 bags of poppy husk which were recovered from the truck bearing fake number PCH 9245; and under Sections 419, 465,468 and 471 of Indian Penal Code (for short 'IPC'). Vide order of sentence dated 20.05.2010, each one of the accused was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1 lac with default clause for committing offence punishable under Section 15 of the N.D.P.S. Act; for offence under Section 419 IPC, to undergo rigorous imprisonment for 2 years; for offence under Section 465 IPC to undergo rigorous imprisonment for 1 year; for offence under Section 468 IPC to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000/- with default clause and for offence under Section 471 IPC to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/- each with default clause.

(2.) Brief facts of the case are like this; that on 13.11.2003, SI Lehmber Singh (Investigating Officer), In-charge Police Station, Satnampura, received a secret information that near the kothi of Rawalan in Mohalla Satnampura, Truck No. PCH 9245, S-Model is parked in an open plot in which Gurdip Singh s/o Beant Singh, resident of Rawalan, kothi, Mohalla Satnampura, was sitting on the driver seat with huge quantity of poppy husk and was waiting for the customers.

(3.) In case, the raid is conducted at once, the aforesaid Gurdip Singh can be apprehended along with huge quantity of poppy husk in the truck. On this information, ruqa was sent to Police Station, City, Phagwara, whereupon, formal FIR was recorded. SHO was requested for sending some Gazetted Officer at the spot. Information to Control Room was also sent. Raid was also conducted at the disclosed place. On the way, PW Bikramjit Singh met them who was also joined in the raiding party.