SOM NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Som Nath and his co-convict Dilbagh Mohammad who is stated to have died on 14.9.2000 during the pendency of the appeal were convicted vide impugned judgment of learned Special Judge, Nawanshahar dated 18.9.1999 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac each, in default thereof to further undergo rigorous imprisonment for one year each.

(2.) IT is worth mentioning here that Amrik Singh son of Jarnail Singh, the co-convict, who was also booked along with the aforesaid two persons stands acquitted by the learned trial Court. Mr. Hoshiarpuri, learned Assistant Advocate General, submits that the State of Punjab has not preferred any appeal against his acquittal.

(3.) IN order to substantiate the charge, the prosecution has examined HC Harmesh Singh No. 1954, who had tendered his affidavit Ex. PA to prove the link evidence as 23 samples, 23 bags of poppy husk were deposited with him when he was posted as Incharge of the Malkhana on the day of alleged recovery. PW-2 Constable Mohan Lal No. 2611, had also tendered his affidavit Ex. PB to the effect that he had deposited 23 samples and seals impressions with the office of Chemical Examiner, Amritsar for analysis. Sukhdev Singh, ASI (PW3) is a witness to the recovery. Lajpat Singh PW4 is the Investigating Officer. I do not feel the necessity of describing his investigation as the same is detailed in the preceding paras. PW-5 Darshan Lal is a Clerk in the office of DTO Jalandhar, who proved that truck No. PB07-A-2397 was initially registered in the name of Darshan Singh son of Kartar Singh, resident of village and Post Office Goraya, District Jalandhar. It was subsequently transferred on 4.9.1997 in the name of Gurdev Ram son of Nasib Chand, resident of village Samrari, Tehsil Phillaur, District Jalandhar. The prosecution also tendered the report of the Chemical Examiner Ex. PN.