AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Ajaib Singh stands convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1685 (in short to be referred to as the 'Act') vide impugned judgment of learned Judge, Special Court, Bathinda dated 17-11-2000 and is sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lacs, in default thereof to undergo further RI for six months.

(2.) IT is worth mentioning here that this appeal was heard on 27.4.2005. The main thrust of the submissions of learned counsel for the appellant at that stage was with regard to non-compliance of Section 50 of the Act. The learned counsel had placed reliance upon two judgments of Hon'ble Supreme Court and one Full Bench judgment of this Court. However, on the point of applicability of Section 50 of the Act, the matter had already been referred to a Larger Bench of the Hon'ble Apex Court. Before the pronouncement of the judgment in this case, the Apex Court had decided the controversy in the Full Bench judgment rendered in State of Himachal Pradesh v. Pawan Kumar, 2005(2) RCR(Criminal) 622 : 2005(2) Apex Criminal 1 : JT 2005(4) SC 373.

(3.) IN order to prove its case, the prosecution examined D.S.P. Brij Mohan Sarup as PW1 Constable Biru Khan PW2 tendered his affidavit (Ex.PE) and SI Ram Parkash PW3 is the Investigating Officer. Besides this, the report Ex.PN of the Chemical-Examiner also tendered into evidence. Gurmel Singh was, however, given up as having been won over.