Mehtab Singh Gill, J. - (1.) This is an appeal against the judgment dated 18.5.2004 of the Judge, Special Court, Faridkot, whereby he convicted Shammi Singh alias Lali son of Shingara Singh, Mukhtiar Singh son of Puran Singh, Gurmej Singh alias Geja son of Sulakhan Singh, Jagjit Singh alias Bittu son of Mukhtiar Singh, Gurmej Singh alias Geja son of Surjit Singh and Gurmit Singh alias Dimple son of Surjit Singh under Sec. 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and sentenced them to undergo 15 years R.I. and to pay a fine of Rs. 1,50,000/ -. In default of payment of fine to further undergo R.I. for three years. They were further convicted under Sec. 15 of the NDPS Act and sentenced to undergo 15 years R.I. and to pay a fine of Rs. 1,50,000/ -. In default of payment of fine to further undergo R.I. for three years. All sentences were ordered to run concurrently.
(2.) The case of the prosecution is unfolded by the statement Ex.PF of Bhupinder Singh DSP. He stated, that a special secret informer had informed him, that Gurmej Singh alias Geja and Dimple sons of Surjit Singh, their driver Mukhtiar Singh, Bittu son of Mukhtiar, Geja Singh son of Sulakhan Singh and Lali Singh son of Shangara and some other persons dealt in the sale of poppy husk and opium. This information was given on 18.5.2000 at 7.30 p.m. The informant stated, that these persons were present in a house situated on Deviwala Road. This house had been taken on rent by Gurmej Singh alias Geja son of Surjit Singh. All these persons were unloading the gunny bags containing poppy husk from truck No. PUU -6094. On the basis of this statement, a case under Ss. 15 and 18 of the NDPS Act was registered at Police Station City Kotkapura. Special reports were sent to the Illaqa Magistrate and other higher officers through Constable Balwant Singh. Harbhajan Singh, SP(D) and Darshan Singh Sandhu, S.D.M. Faridkot were requested through wireless to visit the police station City Kotkapura. On their arrival, Bhupinder Singh DSP along with Darshan Singh SHO and other police officials left for raiding the house. FIR Ex.PF was concluded vide Report No. 25, dated 18.5.2000 at 8.10 p.m.
(3.) The prosecution to prove its case brought into the witness box Sanjiv Kumar Clerk PW1, Subhash Chander PW2 Junior Assistant, Pishori Lal Reader PW3, Constable Harvinder Singh PW4, SI Gurjeet Singh PW5, Ram Pal Singh Bargari PW6, Narinder Kumar Clerk PW7, ASI Gurjant Singh PW8, ASI Mukhtiar Singh PW9, SI Darshan Singh PW10, Darshan Singh Sandhu SDM PW11, Harbhajan Singh SP(D) PW12, HC Balwant Singh PW13, ASI Jagsir Singh PW14 and DSP Bhupinder Singh PW15.;