SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TWO appellants Satnam Singh and Darshan Singh have filed the present criminal appeal and it has been directed against the judgment and order dated 8.8.1997 passed by the court of Additional Sessions judge, Sangrur who convicted the appellants under sections 15 of the N.D.P.S. Act and sentenced each one of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one (lac) each. In default of payment of fine, each one of them was further sentenced to undergo rigorous imprisonment for a period of one year.

(2.) THE brief facts of the case are that ASI Gurmail Singh Incharge of Police Post Khanauri alongwith Head Constable Mukhtiar Singh and other Police Post Khanauri along with Head Constable Mukhtiar Singh and other police force were returning in a Government Vehicle from Moonak Harirgarh towards Manvi through pucca road after patrolling. When they reached near the bridge of canal minor in the area of village Manvi the accused were seen coming on tractor trolley from the opposite side. Satnam Singh was the driver of the tractor trolley while Darshan Singh was sitting on the gunny bags on the tractor trolley. On suspicion they were stopped. The tractor was Mahindra make with registration No. PCC 1059 of blue colour. ASI Gurmail Singh told them that he wanted to search the tractor trailer if they so desire search could be made in the presence of a Gazetted Officer or a Magistrate. Both of them reposed confidence in him. Their statements were recorded as token of consent.

(3.) IN order to prove its charge, prosecution examined ASI Mukhtiar Singh as PW.1, Inspector Gurmail Singh as PW. 2, Inspector Ajaib Singh as PW.3, ASI Lachman Dass as PW. 4 and Constable Jagdish Singh as PW. 5. Raj Kumar was not examined by the prosecution. He was given up as having been won over by the accused. Further prosecution tendered in evidence report of the Chemical Examine Ex.PL and closed the case.