AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order 17.5.2001 of the learned Special Judge (Additional Sessions Judge), Mansa, whereby he convicted Amrik Singh son of Gurdial Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced him to undergo R1 for 12 years and to pay a fine of Rs.1,00,000, in default of payment of fine, to further undergo R1 for 2 years.

(2.) The prosecution case is that on 9.12.1996 Inspector Joginder Pal Singh along with ASI Ujagar Singh, ASI Mohinder Singh, HC Gurnam Singh, Constable Parminder Singh, Constable Atma Singh and Constable Hardial Singh were present at Bus Stand Bajewala, on a Government canter driven by PHG Harpal Singh, in connection with holding a Naka. A special informer, gave information to them that Amrik Singh son of Gurdial Singh Ahluwalia resident of Chhapianwali, now residing at Mansa is selling poppy husk on the link road, leading from village Bajewala to Uddat Bhagat Ram, at the brick kiln situated in the area of village Bajewala. Heavy quantity of poppy husk could be recovered from him. Ruqa Ex. PA was sent to the police station for registration of the F.I.R. Inspector Joginder Pal Singh along with his employees proceeded for the raid, on the Government canter, driven by PHG Harpal Singh. Ruqa Ex. PA was sent on 9.12.1996.at 8.40 p.m. to ASI Lai Singh Police Station Jaurkian on the basis of which F.I.R. Ex. PA/1 was registered. A copy of the same was sent to Inspector Joginder Singh.

(3.) The prosecution to prove its case, brought into the witness-box/Inspector Joginder Pal Singh PW1, ASI Ujagar Singh PW2, Constable Surindcr Singh PW [5 and Iqbal Singh D.S.P. PW4. Joginder Singh DW1, Constable Jasbir Singh, DW2 and IIC Darshan Singh DW3 were examined in defence.