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established business, profession or job. However, he was leading comfortable and luxurious
life, residing in house No. 789, Green Avenue, Patiala, owned by him.
c)Satnam Singh went to Nabha to visit the house of Balbir Singh in the afternoon of
08th January 2015 in Toyota Fortuner vehicle No. PB I 1XZ 2345.
d)On the way back from Nabha to Patiala Balbir Singh accompanied Satnam Singh. Balbir
Singh had agreed to sell off the consignment of opium brought from Rajasthan by Satnam
Singh. Satnam Singh delivered a sample of the opium to Balbir Singh during the return journey
to Patiala from Nabha on 8th January 2015.
e)Two packets of Opium weighing total 1950 grams were recovered from the vehicle Toyota
fortuner Registration no. PB 11 XZ 2345 owned by Kuldeep Kaur and in the possession of
Satnam Singh during search at Police Naka at Patiala-Nabha Road, on 8th January 2015.80
grams of opium was recovered during personal search of Balbir Singh. The FSL report of
testing of the samples of the contraband seized stated it to be opium.
(F)Police Report also revealed that Balbir Singh had earlier been convicted for selling opiumin
2005. He was sentenced to rigorous imprisonment for 5 years and a fine of Rs. 50000/-under
Section 18 (c) of the NDPS Act, 1985.
g) The police filed Challan u/s 173 Cr. P.C. on 05th March 2015 against Satnam Singh,
BalbirSingh and Kuldeep Kaur accused for the offences u/s 8 (c) read with Ss. 18 (c), 25 and
S.29 of the NDPS Act. 1985.
8.Satnam Singh, Accused No. 1, and Balbir Singh. Accused No. 2, remained in custody During
investigation. However, Kuldeep Kaur, Accused No. 3, was on bail. On submission of Police
Report u/s 173 Cr. P.C.. copies of the documents were delivered to the accused. The trial court
framed charges against all accused u/s 8 (c) r/w Ss. 18 (b). 25 and 29 of the NDPS Act,1985.
All the accused did not plead guilty and faced trial.
9.During trial, the Prosecution examined Deena Nath (PW-1), Sardul Singh (PW-2),
SubInspect or Hakam Singh (PW-3), Head Constable Narotam Singh (PW-4) and Hoshiar
Singhas Investigating Officer (PW-5). Prosecution also tendered into evidence the Reports of
Forensic Science Lab as Ex, P-1. P-2 and P-3 confirming substance in all the three samples as
opium. The ownership proof of vehicle PB 11 XZ 2345 as owned by Kuldeep Kaur,
Accused No. 3, was presented as Ex P-4. Prosecution also submitted the copy of the judgment
of the Court regarding conviction of Balbir Singh u/s 8 (c) r/w S. 18 (c) the NDPS Act. in 2005.
but it was not marked. Opportunity to cross examine all the witnesses was given to the defence.
The statement of all the accused were recorded u/s 313 of the Code of Criminal
Procedure.1973. In reply to the questions by the court, all the accused denied the prosecution
version. The court also put the questions to Accused No. 2 Balbir Singh about his previous
conviction, which he denied.
Defence put up its case by cross examining prosecution witnesses, examining defence
witnesses and producing documents as under: