MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeals No. 244-DB of 2004 and 296-DB of 2004, filed by accused Mohan Singh and Suraj Bhan respectively.

(2.) THESE two appeals are directed against judgment and order dated 20.1.2004 passed by the Judge, Special Court, Mansa, whereby in case FIR No. 41 dated 6.8.2000 at Police Station Joga, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Hereinafter referred to as 'the Act'), the accused-appellants Mohan Singh and Suraj Bhan along with accused Binder Singh have been convicted under Section 15 of the Act and sentenced to undergo rigorous imprisonment for a period of 12 years and also to pay a fine of Rs. 1.50 lacs each and in default of payment of fine, to further undergo imprisonment for 1-1/2 years. Mohan Singh has also been convicted under Section 25 of the Act ibid, being owner and in control of truck No. MP- 09D/1503 as he himself was also apprehended at the spot in the truck along with the afore-stated two accused and sentenced to rigorous imprisonment for a period of 12 years and also to pay a fine of Rs. 1.50 lacs each and in default of payment of fine, to further undergo imprisonment for 1-1/2 years. However, both the substantive sentences awarded were ordered to run concurrently.

(3.) THE prosecution thereafter examined PW-1 Constable Rajbir Singh and PW-2 Balwinder Singh Romana, DSP. Later, an amended charge was framed in which there was an amendment only in regard to the original charge for addition of charge under Section 25 of the Act ibid against Mohan Singh being owner and in control of Truck No. MP09D/1503 who himself was also apprehended at the spot in the truck along with the aforestated two accused.