MOHAMMAD BHOORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In FIR No. 38 dated 2.4.2004, the appellant and his coaccused Kallu were named as accused. It was allegation against them, that on 2.4.2004, in the area of village Neelon Kalan, District Ludhiana, they were found in possession of 25 bags of poppy husk, weighing 41 Kgs. each, without any permit or licence. They were prosecuted for committing an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act). Vide judgment and order dated 22.9.2008, the appellantaccused was convicted for commission of the above offence and he was sentenced to undergo rigorous imprisonment for a period of 13 years and to pay a fine of Rs.two lakhs. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for two years. Hence, this appeal.

(2.) It is necessary to mention here that during trial co-accused Kallu was declared a proclaimed offender. The trial Judge has noted following facts regarding case of the prosecution:-

(3.) It is also case of the prosecution that after the recovery, the contraband and the accused were produced before ASI Karamjit Singh, who verified the facts and sealed the case property with the seal bearing impression KS . Thereafter, the case property and the samples were deposited with MHC Tarsem Lal. On 3.4.2004 both the accused, the samples and the case property were produced before Additional Chief Judicial Magistrate, Ludhiana, in compliance to the provisions of Section 52A of the Act. Order passed by the above officer was brought on record as Ex.PL/1. The said parcels were sent for analysis to the Forensic Science Laboratory and on receipt of report, the challan was presented in Court for trial.