SUKHWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal has been filed by Sukhwant Singh aged 33 years resident of village Bhutal Kalan, Police Station Moonak. He has been convicted by the Judge, Special Court, Sangrur under Section 15 of the NDPS Act for having in possession 25 kg and 500 gm of poppy husk, which is less than commercial quantity. He was sentenced to one year rigorous imprisonment and to pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) APPELLANT was convicted on 5th December, 2001. Therefore, he was given benefit of amendment, whereby commercial and noncommercial quantities were recognized and different sentences were prescribed.

(3.) PROSECUTION examined SI Jasbir Singh as PW-3, HC Najar Singh as PW-4. PW-1 Moharar Head Constable Sukhchain and PW-2 Constable Harbans Singh tendered their affidavits (Ex. P-A and P-B respectively). They were examined prove link evidence.