- (1.) Accused Lakhbir and Manjit Kumar were convicted under Section 15 of the Narcotic Drugs and Substances Act, 1985. Both of them have jointly preferred the present appeal.
(2.) The brief case of the prosecution is that on 6.10.2000, PW3 SI Jaimal Singh proceeded alongwith PW5 ASI Kuldip Singh and other ten police officials numbering about 12 to the sugarcane field of one Harjit Singh based on the secret information received by PW3. Before ever proceeding to the place of recovery, PW3 on the basis of the secret information, prepared a ruqa Ex.PB and sent the same to the police station for registering the formal First Information Report Ex.PB/1 (in short 'FIR'). An independent witness Balbir Singh was also associated for the purpose of recovery. A wireless message was sent to PW2 DSP Satinder Singh, who had coolly informed the police official that he would only come in the morning.
(3.) On seeing the police party flashing the light, both the accused took to heals. The contraband which was stored in the midst of sugarcane crop was guarded by PW5 ASI Kuldip Singh and other junior police officials, as per the direction of PW3.;