TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 4.5.1990 passed by the Additional Sessions Judge, Ludhiana vide which the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/- under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the Act). In default of payment of fine the appellant was sentenced to undergo rigorous imprisonment for a period of one year.

(2.) IN succinct, the case of the prosecution is that the appellant was found in possession of 70 kgs. of poppy husk on 13.3.1988 in the area of village Kaunkey Kalan without any permit or licence. Accused was apprehended. After completion of the investigation, challan was put before the illaqa magistrate. As the offence under Section 15 of the Act was exclusively triable by the Court of Session, therefore, the case was committed to the Court of Session for trial. After commitment, it was entrusted to Additional Sessions Judge, Ludhiana.

(3.) TO prove its case, the prosecution has examined Shri Ajaib Singh as PW-1, HC Harsukhdev Pal as PW-2. He has tendered his affidavit Ex. PA in evidence. Constable Tejinder Singh as PW-3. He has also tendered affidavit Ex.PB in evidence. Rattan Singh ASI was examined as PW-4, HC Kuljit Singh as PW-5. The prosecution has also tendered in evidence report of the Chemical Examiner Ex.PG and closed the evidence of the prosecution.