SURJIT KUMAR AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I shall be disposing of the aforesaid two Criminal Appeals vide this common judgment as both are arising out of one and the same FIR bearing No. 14 dated 9.3.1997 registered at Police Station Balachaur, under Sec. 15 of the Narcotic Drugs & Psychotropic Substances Act (for short "the Act") in which both the aforesaid appellants (for short to be referred to as 'the accused') were booked. Vide impugned judgment dated 21.12.2000 passed by learned Special Judge, Nawanshahar, Surjit Kumar stands convicted under Sec. 15 of the Act and has been sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1.00 lac, in default thereof to further undergo R.I. for one year whereas Jaswinder Singh alias Binder stands acquitted. However, his truck bearing registration No. PB -08 -J -3993 in which the contraband was allegedly recovered, stands confiscated to the State vide impugned order dated 7.2.2003. Aggrieved by the impugned judgment of conviction and sentence, Surjit Kumar has preferred Criminal Appeal No. 126 -SB of 2001 and Jaswinder Singh alias Binder has preferred his separate appeal (Crl. Appeal No. 465 -SB of 2003) against the order of confiscation of the truck.

(2.) It is worth mentioning here that State of Punjab has not preferred any appeal against acquittal of Jaswinder Singh alias Binder for the main charge of Sec. 15 of the Act.

(3.) In brief, the case of the prosecution is that on 9.3.1997, Inspector Joginder Paul, the then SHO of Police Station Balachaur (PW3) along with other police officials was present in the Police Station at about 5.00 A.M. when he received a secret information that the present two appellants along with other persons were transporting the poppy husk in their truck and if the Naka was set up, they could be apprehended and poppy husk could be recovered. On the basis of the secret information, the formal FIR Ex.PE was recorded.