SATPAL SINGH @ SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 18.7.1998, rendered by the Court of Addl. Sessions Judge, Faridkot, vide which it convicted the accused/appellant Satpal Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten 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 two years.

(2.) THE facts, in brief, are that on 26.6.1994, Ajmer Singh, ASI, posted as S.H.O., Police Station City Moga-II, alongwith Paramjit Singh, ASI, Baldev Singh, Head Constable, and few other police officials, held a picket, on the road of Nasley Dairy of Indra Basti, near Railway Crossing, under the supervision of Shri Narinderpal Singh, Superintendent of Police, Moga. A tractor bearing registration No. PJA-3069 make Ziter came from the side of Dairy. After giving a signal, the tractor was stopped. Satpal Singh, accused, was sitting in the trolley. He tried to run away. The tractor was being driven by Malkiat Singh. Both of them were apprehended. Their names and particulars were ascertained. 30 bags were found lying in the trolley. On checking, the same were found containing 40 Kgs. Poppy-husk each. Sample of 250 grams poppy-husk, from each of the bags, was taken out. The remaining poppy husk was kept in the same bags. The sample parcels, and the bags containing remaining poppy-husk, were converted into parcels, duly sealed with the seals bearing impressions 'AS', belonging to Ajmer Singh, ASI, and 'NS', belonging to Narinderpal Singh, Superintendent of Police. Specimen impressions of the seals Ex.P-1 and Ex.P-2 were prepared. The sample parcels, the bags containing poppy-husk, and the specimen impressions of seals, were taken into possession vide memo Ex.PD, attested by Paramjit Singh, ASI, Baldev Singh, Head Constable, and Narinder Pal Singh, Superintendent of Police. The tractor trolley was also taken into possession vide memo Ex.PG. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) DURING the trial of the case, Malkiat Singh, accused, died. The prosecution, in support of its case, examined Balwinder Singh, Constable, (PW-1), Raj Kumar, Clerk (PW-2), Santokh Singh, ASI (PW-3), Narinderpal Singh, S.P., Moga (PW-4), Jasbir Singh, Sub Inspector (PW-5), Bhupinder Singh, MHC (PW-6), Paramjit Singh, ASI (PW-7), and Ajmer Singh, ASI (PW-8). Thereafter, the Addl.P.P. for the State, closed the prosecution evidence.