NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED by the judgment and the order of sentence passed by the learned Additional Sessions Judge, Amritsar dated 8.9.1995, appellants Narinder Singh and Amrik Singh have preferred the present appeal. By virtue of the impugned judgment, the learned trial court held that the appellants guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter descried as 'the Act'). On the same day, the appellants were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, they were to undergo further rigorous imprisonment for 3 years each.

(2.) THE relevant facts are that on 5.11.1991 Teg Bahadur Singh was the Officer-in-charge, Police Station Goindwal Sahib. Accompanied by ASIs Harbhajan Singh, Jagir Singh, Balbir Singh and other police officials, they were present at Canal Minor Bridge in the area of village Chak Mehar. SI Chhinda Singh of the Commando Force was also with them. SI Teg Bahadur Singh received secret information that Savinder Singh Milla son of Teja Singh, Narinder Pal Singh alias Ninda son of Gurdial Singh and Amrik Singh son of Mohan Singh, residents of village Jamarai are selling the poppy husk in the Haveli of Hardial Singh. Information further was that if raid is conducted poppy husk in huge quantity could be recovered. SI Teg Bahadur Singh acted upon the information and sent a ruqa to the police station, on the basis of the ASI Harbans Singh recorded the formal first information report.

(3.) SAVINDER Singh was declared to be a proclaimed offender.