JARNAIL SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 11.7.1997, rendered by the Court of Addl. Sessions Judge, Sangrur, vide which it convicted the accused/appellant Jarnail Singh, for the offence punishable under Section 15 of the Narcotic Drugs &. Physchotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period often years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of three year.

(2.) THE facts, in brief, are that on 9.5.1994, Guljar Singh, ASI, Incharge Police Post Gharachon accompanied by other officials was on patrol duty from Village Nagra to Village Akbar Pur. At about 7.30 P.M. when the police party reached the canal minor bridge, in the area of Village Nagra, the accused was seen coming from the side of Village Sanghreri along with canal Bank. On seeking the police party, the accused tried to slip away, but, were apprehended on suspicion. The accused were carrying two gunny bags. Two samples were separated from each bag, and the remaining poppy husk, in each bag, came to be 17 kgs. The samples, and the remaining poppy husk were converted into parcels, sealed with the seal bearing impression 'GS' and taken into possession vide memo Ex. P.C. duly attested by the witnesses. The seal after use was handed over to Darshan Singh, Head Constable. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Site plan of the place of recovery was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Gulzar Singh, ASI, PW -1, Gurjit Singh, ASI, PW -2, Satnam Singh, Head Constable, PW -3, Nachhatar Singh, Constable, PW -4. Affidavits Ex. PF of MHC Narinder Singh and EX. PG of Nachhatar Singh were tendered into evidence. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.