PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this order the above mentioned four connected appeals, filed by five different appellants, are being disposed of together.

(2.) THE appellants along with two others were prosecuted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") with the allegation that they were found in possession of 18 bags of poppy husk weighing 40 kgs. each carried in a truck in which the appellants were travelling. One of the co-accused, namely, Bhajan Singh son of Balkar Singh was found innocent and acquitted by the trial Court, whereas Inderjit Singh son of Darshan Singh is absconding and has been declared as a proclaimed offender. Remaining five accused are the appellants in the above noted four appeals. After their conviction, they have been sentenced to suffer identical imprisonment for a period of ten years each, coupled with fine of Rs. One lac each. In default of payment of fine, the appellants were further required to undergo R.I. for six months. They have now filed the above noted appeals.

(3.) CASE of the prosecution is supported by the evidence of Bhupinder Singh MHC (PW-1), Gurinder Singh Inspector (PW-2), HC Chet Ram (PW-3), HC Joginder Singh (PW-4), Jang Singh Constable (PW-5), Bachan Ram Constable (PW-6), Rachhhpal Singh Inspector (now DSP) (PW-7) and DSP Narjinder Singh Sekhon (PW-8). ASI Balbir Singh was also examined and thereupon the evidence of prosecution was closed. The appellants when confronted with the incriminating evidence and the circumstances, pleaded innocence and their false implication. They examined MHC Sahib Singh as DW-1 and Sewa Singh as DW-2.