ABBAS ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order passed by the High Court of Judicature of Punjab and Haryana at Chandigarh in Criminal Appeal No. 440-SB of 1997, dated 08.09.2008. By the impugned judgment and order, the High Court has confirmed the judgment of conviction and order of sentence passed by the Trial Court, dated 21.05.1997, whereby the appellant before us has been convicted for the offence punishable under Section 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to undergo rigorous imprisonment for a period of 10 years alongwith a fine of Rs. 1,00,000/-, in default of payment of which he was sentenced to undergo rigorous imprisonment for a further period of six months.

(2.) The facts, relevant to this appeal, are: A recovery of 10 bags containing rice polish and 37 bags containing poppy husk, in accordance with the provisions of the Act, was made from three accused persons (for short "A1", "A2", and "A3", respectively). The said bags were being transported in a canter registered in the name of the appellant herein (referred to as A4 before the Trial Court). A1 to A3 were arrested at the time of recovery, however A4 was arrested later. Upon trial, A1 to A3 were convicted by the Trial Court for the offence under Section 15 of the Act and awarded similar sentence as the appellant herein. By the judgment and order of the High Court, dated 13.05.2008, in an appeal preferred by the said three accused persons, their conviction and sentence has been confirmed by the High Court. The said three accused persons are not before us in this appeal.

(3.) The Trial Court and the High Court have elaborately dealt with the case of the appellant in their respective judgments and orders. The appellant has neither been successful in rebutting the statutory presumption of the existence of culpable mental state under Section 35 of the Act nor has he been able to prove, beyond reasonable doubt, the statutory exception provided under Section 60(3) of the Act, before both the Courts below.