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R.P.NAGRATH
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent


Counsel for the Parties:
For the Appellants:Mr. Paramjit Singh Brar, Mr. Baltej Singh Sidhu & Mr. Jaswant Singh, Advocates
For the Respondent: Mr. B.S. Cheema, DAG, Punjab.

JUDGMENT

R.P. Nagrath, J.— This is-an appeal against the conviction of appellants recorded by the Judge, Special Court under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’). Being commercial quantity, appellants were sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000, in default of payment of fine to further undergo rigorous imprisonment for six months each.

2. The version of prosecution is that on 4.5.1994, police party headed by Inspector Teja Singh, SHO of Police Station Kotwali, Bathinda was present at Naruana road in connection with checking of vehicles. Chand Singh son of Kala Singh a private witness was also present with the police party. Major Singh DSP City Bathinda came there and was issuing instructions with regard to checking of the vehicles. in the meanwhile, the police party saw Truck No.PB-03-2808 coming from Naruana side at a fast speed. Inspector Teja Singh stopped the vehicle with the help of other officials. The driver and other occupant of the truck sitting in cabin, tried to run away. Kulwant Singh appellant No.1, the driver was apprehended at the spot but his accomplice managed to es

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