K.C. Puri, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 6.9.2011 passed by Ms. Sunita Kumari Sharma, Judge, Special Court, Kapurthala, vide which the accused -Appellants have been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Narcotic Drugs and Psychotropic Substances Act), along with other co -accused, and sentenced to undergo imprisonment as under.
(2.) SURINDER Singh @ Pammi and Jagbir Singh were sentenced to undergo rigorous imprisonment for a period of three months each and to pay fine of Rs.3,000/ - each and in default of payment of fine, to undergo further rigorous imprisonment for a period of 15 days for offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act. As per case of the prosecution, on 8.4.2005, SI Sarwan Singh along with police party had conducted special Nakabandi at 'T' point Razapur in connection with checking. A secret information was received that accused Surinder Singh @ Pammi, Nanu Mal, Jagbir Singh and Sukhwinder Singh @ Babu were coming towards Kapurthla from Sultanpur Lodhi by their Maruti Car bearing No. DL -9CJ -8339 along with opium in their possession. The said Maruti car was stopped. Surinder Singh and Jagbir Singh had managed to escape, whereas remaining two accused Sukhwinder Singh and Nanu Mal were apprehended on the spot. Accused Nanu Mal and accused Sukhwinder Singh were asked that they were suspected for having some contraband in their possession and whether they wanted to get their search conducted in presence of Gazetted Officer or Magistrate. Both of them expressed their desire to get their search conducted before the Gazetted Officer. DSP Daljinder Singh Dhillon reached the spot and disclosed their identity. From the search of Nanu Mal 500 grams of opium was recovered and 500 grams of opium was recovered from Sukhwinder Singh. That was converted into separate parcels.
(3.) ON 10.4.2005, SI Sarwan Singh along with other police officials apprehended Surinder Singh @ Pammi and Jagbir Singh at Dhariwal Octroi Post, Jalandhar. Gurdip Singh was joined as independent witness. 250 grams of opium was recovered from each of them on their disclosure statement from the disclosed place in the presence of DSP.;