AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused appellant Avtar Singh was convicted under section 15 of the Narcotic Drugs & Psychotropic Sub-stances Act, 1985 (hereinafter short the ActT) by Shri N.C. Khichi, Additional Sessions Judge, Jalandhar and was sentenced to undergo RI for ten years with a fine of rupees one lac, in default to further undergo RI for six months.

(2.) In a nutshell, the prosecution case was that on 20.12.1985, Head Constable Gurdip Singh of Police Post Rahon, Police Station Nawanshehar was going on usual patrol duty alongwith Constables Gurmit Chand and Varinder Chand. When they were going towards village Chahar Majra from village Usman Pur, they saw the accused coming from village Sahota at about 4.15 P.M. Seeing the police party, the accused tried to retreat and thus on suspicion he was apprehended by Head Constable Gurdip Singh. He took his personal search and recovered one bag containing 214 kgs. of poppy husk. Sample was duly taken and both packets were sealed separately. Gurdip Singh Head Constable sent ruqqa Ex. PB to Police Station Nawanshehar and thus a case was registered against the accused. The sample was examined by the Assistant Chemical Examiner, Amritsar who on examination opined that contraband article is poppy husk.

(3.) The accused pleaded not guilty. He adduced defence evidence also. . His plea was of false implication.