GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of two appeals, i.e. Criminal Appeals No. 239-DB of 2000 and 234-DB of 2000, as the same having been arisen out of a common judgment and order dated 30.5.1998 passed by Special Court (Additional Sessions Judge), Mansa.

(2.) SIX persons, including the appellants Gurdip Singh and Vinod Kumar, were put up for trial for commission of offences punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The trial Court acquitted two co-accused but convicted both the appellants under Section 15 of the Act and sentenced both of them to undergo rigorous imprisonment for a period of twelve years and pay a fine of Rs. two lacs, and in default of payment of fine to undergo further rigorous imprisonment for a period of three years under Section 15 of the Act. The other two co-accused absconded and did not face trial.

(3.) THE accused/appellants, Gurdip Singh and Vinod Kumar were charge- sheeted under Section 15 of the Act on 4.6.1996 by the Additional Sessions Judge, Mansa for having been found in possession of 9 bags of poppy husk, each bag containing 35 kgs of poppy husk without any licence or permit. Initially, charge-sheet was served against the accused persons namely Ram Sarup, Gurdip Singh and Sarwan Singh, but later on Ram Sarup absconded and was declared proclaimed offender while Vinod Kumar and Mithu Singh were arrested. Therefore, an amended charge-sheet was framed against Gurdip Singh, Sarwan Singh, Vinod Kumar and Mithu Singh along with Ram Sarup and Makhan Singh (proclaimed offenders). All the accused pleaded not guilty and claimed trial.