AMAR SINGH ALIAS AMRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant-Amar Singh has come in appeal against the judgment and order dated 31.08.2001 (hereinafter as 'impugned judgment') passed by the learned Special Court (N.D. & P.S.) Patiala (hereinafter as 'trial Court'), whereby he has been convicted for the commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in case FIR No. 82 dated 18.3.1998 registered at Police Station, Samana, and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for a period of six months.

(2.) Briefly stating, the facts of the present case are that on 18.3.1998, a police party headed by ASI Jarnail Singh, apprehended the accused on the suspicion that he was carrying some contraband in the white bag kept on his head. On being searched, 17.5 Kgs. of poppy husk was recovered from his possession which he was keeping without any permit or licence thereof. Two samples of 250 grams each were separated and prepared into parcels. The remaining contraband was put back in the same bag which was also prepared into parcel. The parcels were sealed and ruqa was sent to the Police Station on the basis of which, formal FIR was recorded.

(3.) On completion of the investigation and on the basis of report of the chemical examiner, challan against the accused was presented and charge under Section 15 of the Act was framed to which the accused pleaded not guilty and claimed trial.