J PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Paramjit Singh and Bukkan Singh appellants directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Barnala dated 27-10-1995. By virtue of the impugned judgment,T the learned trial court held the appellants guilty of the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act'). By the subsequent findings of sentence, each of the appellant was sentenced to undergo rigorous imprisonment for 10 years and 1,0 pay a fine of Rs. one lac. In default of payment of fine, they were to undergo further rigorous imprisonment for 2-1/2 years.

(2.) The relevant facts of the prosecution case are that on 31-7-1991 Officer-in-charge Police Station Barnala accompanied by ASI Rabi Singh and HC Malgar Singh with other police officials held a picket on the turning of Link Road Khudi Khurd. An Eicher tractor of red colour without number plate alongwith the trolly was seen coming from the side of village Tapa. Officer-in-charge signalled the tractor to stop. Two persons from the trolly jumped and made good their escape. After the trolly stopped, the Officer-in-charge found that trolly was loaded with bricks. Appellant Paramjit Singh was on steering seat while Bukkan Singh was sitting by his side.

(3.) The Officer-in-charge asked Paramjit Singh and Bukkan Singh that the trolly was to be searched. If they desire search could be made in presence of a Gazetted Officer or a Magistrate. Both reposed confidence in him. Thereupon the bricks were removed. It was found that there were 18 bags of poppy husk. Two samples of 250 grams each were taken from each of the bag. Each of the rest of the bags weighed 40h/2 Kilograms. The representative samples and the rest of the bags were converted into different parcels and sealed by the Officer-in-charge with his seal of TJST. They were taken into possession vide a recovery memo. The tractor and the trolly were seized. Ruqa was sent to the police station on the basis of which formal First Information Report was recorded. Subsequently, the representative samples were sent for chemical analysis and it was opined that they were poppy husk.