SEES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Sees son of Nandu (hereinafter described as the appellant) directed against the judgment and order of sentence dated 4.1.1993 passed by learned Additional Sessions Judge, Jalandhar. By virtue of the impugned judgment and order of sentence, learned trial Court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the Act). The appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh. In default of payment of fine, he was to undergo further rigorous imprisonment for 2-1/2 years.

(2.) ON 15.1.1989, Sub Inspector Jagir Singh accompanied by Head Constable Amarjit Singh and 2 Constables namely Satnam Singh and Rakesh Kumar were present at the turning of Village Langeri. Secret information was received that the appellant is in the habit of selling poppy husk and often in possession of the same. On this information, Ruqa was sent to the police station and formal F.I.R. was recorded.

(3.) JAGIR Singh prepared a site plan and deposited the samples and rest of poppy husk in the Malkhana. Subsequently the samples were sent to the Chemical Examiner. On receipt of the report that the contents were poppy husk, challan against the appellant was filed.