GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Gian Singh son of Mehar Singh and Satbir Singh son of Gurjit Singh against the judgment dated 11.9.2004 of the Judge Special Court, Patiala, whereby he convicted both the appellants under Section 15 of the Narcotic Drugs Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and sentenced them to undergo 12 years rigorous imprisonment. Fine of Rs. one lac was imposed on each of the appellants, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution is the Inspector Harbhajan Singh stated, that when he was present in his office at Police Station Samana, a special informant came to him and gave him secret information that Gian Singh and Satbir Singh, known inter-State smugglers, who were living in Patiala in connivance with Dr. Kuldeep Singh and others, brought churra poppy husk from Rajasthan and supplied it in the area of Police Stations Samana and Bhawanigarh. On 25.4.2002, Surjit Singh and his brother Gian Singh, Satbir Singh @ Kala and Kuldeep Singh are going to bring poppy husk in a truck bearing No. HR-38A-8468, hidden under gypsum bags. If a naka is held, they could be arrested with poppy husk. A DDR under Sections 15/16/85 of the NDPS Act was registered. Copy of the DDR Ex. PE was sent to the Illaqa Magistrate and the higher officials. Inspector Harbhajan Singh with SI Narinder Singh, ASI Jaswinder Singh, HC Gurcharan Singh, HC Mewa Singh, C. Chand Singh, C. Raj Kumar, C. Narinder Singh, SPO Paramjit Singh and Darshan Singh in official Gypsy and a private vehicle proceeded to the T Point Bhawanigarh road.

(3.) LEARNED counsel for the appellants has attacked the case of the prosecution on three counts :- (1) Link evidence is missing; (2) Conscious possession of Satbir Singh not being proved; and (3) No document of appellant Gian Singh being found from the truck.