SITA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Sita Singh son of Budh Ram (hereinafter described as 'the appellant') directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Patiala dated 16.8.1994. The Learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act) and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac. In default of payment of fine, he was to undergo further rigorous imprisonment for one year.

(2.) THE relevant facts are that on 11.6.1993 at 6.15 P.M. A.S.I. Tara Singh accompanied by A.S.I. Balkar Singh, H.C. Jaspal Singh and other police officials were present at the culvert of Semnala of Village Bahma. They were proceeding from village Bahma alongwith Pucca road to Samana. When they reached the culvert of the Semnala, the appellant was spotted coming on foot from the direction of village Kahangarh alongwith the bank of the Semnala. The appellant was carrying gunny bag on his head.

(3.) A .S.I. Tara Singh felt suspicious. On his direction the vehicle in which the police party was travelling was stopped. The appellant tried to escape but was apprehended.