DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried by the Special Judge Amritsar for the offence under Section 15 of the Narcotics Drugs & Psychotropic Substances Act 1985 (here-in-after referred to as the Act). He has preferred this appeal challenging the judgment and order of conviction passed on 18.03.2004 vide which he was sentenced to undergo rigorous imprisonment for 10 years along with a fine of Rs.1 lac. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year.

(2.) The prosecution case in brief is that S.I. Satnam Singh along with police officials was on patrol duty at Fatehabad Jamarai road in connection with search of antisocial elements. When they reached Fatehabad, secret information was received that the accused was going to sell poppy husk in a tonga and going towards village Chhabri Sahib Tur and if a raid is conducted, he could be apprehended.

(3.) It is per chance that Major Singh Ex-Sarpanch was going and he was joined in the police party. A picket was put up on the katcha path leading to village Jamarai at 2:00 PM. A tonga driven by appellant came from Fatehabad side. There were four gunny bags loaded on the tonga.