RAVINDER KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of all the three appeals mentioned above which have arisen out of the same judgment of conviction dated 01.11.2004, vide which accused-appellants have been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order on the quantum of sentence dated 02.11.2004, vide which the appellants were sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac each, in default of payment of fine they were further ordered to undergo rigorous imprisonment for a period of 1 1/2 years each.

(2.) The sequence of the events leading to this prosecution are that on 10.08.2002, PW-6 SI Kulwant Singh along with PW-8 ASI Manjit Singh and other police officials was present at village Sangatpur in-connection with patrolling and checking of bad elements. He received secret information that appellant Ravinder Kumar along with Vijay Kumar @ Vijay Sidhu, Joga Singh and 3-4 persons were coming in Mahindra Pickup Jeep bearing registration No. HP-55-3014 from the side of village Mand Punnian and going to sell the poppy husk in large quantity to the customers and if a raid is conducted they can be apprehended. Finding this information credible, Jagjit Singh was associated as an independent witness in the police party. The Investigating Officer sent wireless message to PW-5 Sarwan Singh Dhillon, the then Deputy Superintendent of Police, Shahkot (for short 'D.S.P'), who also reached at the spot. The Mahindra Pickup jeep in question was spotted coming from the side of village Mand Punnian. The same was signaled to stop. As soon as the jeep slow down, two persons who were sitting on the side of the driver opened the window and started running. One of them was identified as Vijay Kumar @ Vijay Sidhu by the Investigating Officer and the second was identified as Joga Singh by ASI Manjit Singh.

(3.) On return to the Police Station, the case property along with accused was produced before PW-6 Inspector Mandeep Singh, the then SHO, Police Station, Shahkot. He also verified the investigation of the case and affixed his seal bearing impression 'MS' on all the parcels of the case property. The case property was deposited in intact condition with PW-2 Moharir Head Constable (for short 'M.H.C') Sukhjit Singh. On the next day, accused along with the case property was produced before Illaqa Magistrate.