JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this judgment, I shall be disposing of the aforecited three appeals as the same arise out of one and the same judgment.

(2.) THE aforesaid three appellants have suffered conviction vide impugned judgment of learned Special Judge, Moga dated 15.1.2003, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') and have been sentenced to undergo RI for ten years each and to pay a fine of Rs. one lac each, in default thereof to further undergo RI for one year each. Sapurdari of Truck No. PAT-9106 in which the alleged contraband was being carried was also cancelled. Aggrieved by the said judgment of conviction and sentence, the aforesaid three appellants have preferred the present three different appeals.

(3.) THE prosecution in support of its case has examined seven witnesses. PW1 SI Baldev Singh had prepared the challan and submitted the report under Section 173 of the Code of Criminal Procedure; PW2 HC Naib Singh proved on record his affidavit Ex.PA. PW3 ASI Tek Singh is a witness to the recovery; PW4 Devinder Kumar, Junior Assistant, Office of DTO Moga proved the registration certificate of aforesaid truck which was in the name of appellant Shambu Nath; PW5 ASI Kuldip Singh is the Investigating Officer. Bachan Singh Randhawa DSP PW6 is again a witness to the recovery; LC Pritpal PW7 proved his affidavit Ex.PA. Evidence of PW7 is to the effect that on 29.8.1991, ASI Kuldip Singh had handed over the case property for producing the same in the court along with accused and after return he had handed over the same to MHC. Affidavit Ex.PH of Gurdev Singh was tendered and report of Chemical Examiner Ex.PX and PX1 were tendered during the evidence.