DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 07.02.2005 passed by the Special Court, Hoshiarpur, in Sessions case No.77 of 2002 by which the appellant was convicted for offence under Sec. 15/61/85 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000.00, the present appeal was filed by the appellant.

(2.) In view of the case of the prosecution that on 26.07.2002, SI Paramjit Singh of Police Station Mahilpur along with police staff were on patrol duty at bus-stop. They received a secret information that the appellant and Kuldeep Singh alias Achhru were selling poppy-husk in the jungle on the eastern side of the village Jandiala and therefore, the raid was required to be conducted. They believed the information and went to the place that was disclosed to them. When the police party went to the spot, they noticed two persons present by the side of the bags, but on looking at police party, one person fled away and another was nabbed by the police who on query, disclosed his identity as Darshan Singh-appellant. Thereafter, the procedure was followed and the seizure of 29 kg 500 grams of poppy-husk was made. The sample was sent and it was found as poppyhusk. The appellant was presented after investigation and the appellant was put on trial. Appellate denied to have committed any offence. Trial Court framed three ponits for determination which I quote hereunder:-

(3.) Trail Court, thereafter, heard and appreciated the evidence and facts as stated above.