AMAR DUTT, KIRAN ANAND LALL
Tarsem Singh – Appellant
Versus
State Of Punjab – Respondent
Amar Dutt, J.
1. Tarsem Singh being aggrieved by the conviction and sentence recorded against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") has filed the present appeal.
2. Briefly stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that on 24.3.1995, police party headed by PW-3 SI Jasbir Singh, In-charge, Police Post, Hathur was present on the canal bridge in the area of village Rasoolpur in connection with a Nakabandi/patrol duty. It consisted of ASI Mehar Singh, ASI Ajit Singh, Constable Balbir Singh 428, Constable Amarjit Singh 388, Constable Devinder Kumar 258, Constable Harpal Singh 629, Constable Shamsher Singh 218, PHG Lakhvir Singh and PHG Jasbir Singh. Along with the police party was Govt. vehicle Allwyn Nisan bearing registration No. PB-10F/9664 which was being driven by Constable Shingara Singh. At about 5.00 a.m., a tractor-trolley was seen coming from the side of Kaonke Khossa and the Sub-Inspector had signalled the driver with the help of a torch to stop. On seeing the police party, the tractor driver responded by stopping the tractor on one si
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