- (1.) The appellants have assailed the judgment of conviction dated 14.05.2007 and order of sentence dated 16.05.2007, passed by the learned Judge, Special Court, Ludhiana, in Session Case No. 10 of 14.01.2005, emanating from FIR No.116 dated 22.07.2004, Police Station Focal Point, Ludhiana, whereby, they were convicted for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) and sentenced to undergo rigorous imprisonment for a period of twelve years each and to pay fine of Rs. 1,00,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each; period of detention suffered by the appellants during investigation and trial was ordered to be set off from the sentence awarded to them.
(2.) Criminal Appeal No.566-DB of 2007, filed by Jit Singh and Sham Singh appellants and another Criminal Appeal No.997- DB of 2007, filed by Kuldip Ram appellant pertain to common impugned judgment and order of sentence, these are taken up together and the judgment shall be passed in Criminal Appeal No.566-DB of 2007.
(3.) It is the case of the prosecution that on 21.07.2004, Surinder Mohan, SI/SHO, Police Station Focal Point, Ludhiana alongwith other police officials was passing through PUDA Colony, Moti Nagar, Ludhiana for patrolling duty on an official vehicle. At about 06:30 p.m, when they were passing alongside quarter No.1172, PUDA Colony, Moti Nagar, two persons were seen standing outside the quarter and they, on seeing the police party, went inside the quarter. On suspicion, Surinder Mohan, SHO checked the quarter and found bags stacked, therein. He found five persons sitting on the bags, who, on seeing the police party, tried to slip away and three of them (appellants, herein) were apprehended with the help of other police officials, who disclosed their names and two out of those five succeeded in fleeing, whose names were disclosed as Vijay Kumar and Kulbir Singh.;