SHAMSHER SINGH SHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Shamsher Singh alias Shera against the judgment and order dated October 1, 1986 passed by the Additional Sessions Judge, Jalandhar, convicting the appellant under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called the Act) and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-. In default of payment of fined the appellant was ordered to undergo rigorous imprisonment for one and a half years.

(2.) On December 25, 1985, Head Constable Gurdip Singh and Constables Varinder Chand and PUNJAB Page 2 of 3 Gurmit Singh were returning to Police Post Rahon after investigation of a case against one Avtar Singh. Accused-appellant Shamsher Singh alias Shera was spotted by the police personal near village Sahota. The appellant tried to make .his escape good on seeing the policy party, but he was soon apprehended on suspicion at the spot. The personal search of the accused-appellant yielded recovery of 212 kilograms of poppy husk contained in a bag. 250 grams of poppy husk was separated as sample while the remaining poppy husk was sealed in the same bag. The seizure memo (Exhibit P.C.) was prepared and ruqa (Exhibit P.D.) was sent for registration of the case at the Police Station where a formal First Information Report (Exhibit P.D. /1) was recorded by Assistant Sub-Inspector Narinder Singh. The site plan of the place of recovery was prepared as Exhibit P.E. by Head Constable Gurdip Singh. After the investigation, the accused was challaned by Sub Inspector Gurpal Singh.

(3.) The case against the accused was committed to the Court of Sessions, where he was charged under Section 15 of the Act and on his pleading not guilty to the charge, he was tried.