PEHALWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT -Pehalwan Singh has suffered conviction vide impugned judgment of learned Special Court, Ludhiana dated 29.7.2003 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act'). He has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default of payment of fine to further undergo RI for one year.

(2.) WHILE declining the prayer for suspension of sentence at the time of admission, the appeal was ordered to be heard on a particular date. It could not, however, be heard for a considerably long time. The applicant moved another application for suspension of sentence. Since, the appeal was already on the regular board for final hearing, the said prayer was again declined yet, keeping in view the fact that the applicant is of the age of 76 years, the appeal was ordered to be heard at an early date.

(3.) THE case of the prosecution hinges upon the evidence of PW1 ASI Harbans Singh who has complied with the provisions of Section 55 of the Act, MHC Janak Raj PW2 has tendered his affidavit Ex. PA to prove the link evidence, ASI Teja Singh PW3 is a witness to the recovery, Constable Lakhbir Singh PW4 has also tendered his affidavit Ex. PJ with regard to the link evidence. SI Balwinder Singh PW5 is the Investigating Officer of the case. His evidence has already been detailed in the preceding paras. DSP Ashok Puri PW6 has again been a witness to the recovery. ASI Surjit Singh has been given up as unnecessary whereas PW Wazir Singh, the independent witness has also been left out by the prosecution as having been won over by the accused. The other witnesses being formal in character were also given up as unnecessary. The report of the FSL has been tendered as Ex. PJ.