BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel for the State.

(2.) This appeal by way of special leave arises out of the following facts:

(3.) An offer under Section 50 of the Narcotic Drugs and Psychotropic Substances Act ( hereinafter called the 'Act') was made to the accused. They opted to be searched in the presence of a Gazetted Officer. DSP Baljit Singh (PW.1) was then requested to reach the spot. The truck was thereafter searched and 16 bags of poppy husk each containing 30 kg. were found in the truck. Samples etc. were taken and sent to the laboratory for analysis which opined that the contraband was indeed poppy husk. It also transpired during the investigation that Bhola Singh, the appellant before us, was a co-owner of the truck. He along with others was accordingly charged for an offence punishable under Section 15 of the Act whereas Bhola Singh and Bansi Lal were also charged under Section 25 thereof. The Trial Court on a consideration of the evidence convicted the accused and sentenced them to undergo 12 years RI each and a fine of rupees one lakh and in default of payment, RI for two years.