DAYAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOTH the appellants are stated to be in custody since the date of their arrest. Keeping in view their long period of detention, which includes their detention period as undertrial prisoners, the instant appeal has been set down for final hearing.

(2.) DYAL Singh son of Gurdas Singh and Saudagar Lal son of Gurdev Lal, the appellants-herein (hereinafter to be called the 'accused') were booked in case FIR No. 71 dated 29.5.1999, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short to be referred to as the 'Act'), registered at police station Phillaur, District Jalandhar. Vide impugned judgment of learned Judge, Special Court, Jalandhar they stand convicted for the said charge and have been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac each, in default of payment thereof to further undergo RI for 12 months each.

(3.) TO substantiate the charge, the prosecution has examined the following witnesses : PW-1 Balraj Singh Constable had tendered his affidavit (Exhibit PA). PW-2 HC Sikander Singh tendered his affidavit (Exhibit PB) and PW-3 Head Constable Raj Kumar tendered his duly sworn in affidavit (Exhibit C) by way of evidence. PW-4 Opinderjit Singh the then DSP, Phillaur, in whose presence poppy husk was allegedly recovered from the Canter. PW-6 Sarabjit Rai, SI was the Investigating Officer. PW-6 Inderjit Singh SI was another witness to recovery. PW-7 Sham Lal Clerk from the office of DTO, Jalandhar had brought the summoned record of vehicle No. PB-08-D-8247, which in fact was a scooter make Bajaj Chetak in the name of one Karnail Singh son of Chanan Singh, resident of Village Kalra, District Jalandhar. Toshi, the alleged independent witness was given up by the prosecution as having been won over. The report of the Chemical Examiner was also tendered into evidence.