JASBIR SINGH ALIAS SHAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment order dated 15-4-1994 of the learned Additional Sessions Judge, Sirsa vide which he convicted Jasbir Singh appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the N.D.P.S. Act) and sentenced him to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. one lac. In default of payment of fine, further rigorous imprisonment far 2 years was imposed.

(2.) Briefly stated, the alleged facts are that on 21-3-1992, in the area of village Patli Dabar, Inder Singh and Jasbir Singh alias Shaka accused were found in possession of 6,400 Kgs. of poppy strawcontained in 160 bags without any permit or licence. On the same day, S.I. Amrik Singh, S.H.O. Police Station, Ding PW 8 intercepted a truck bearing No. GJ-08T-4040 near Ding Barrier at about 10 p.m. Inder Singh accused was the driver on the said truck whereas the other accused Jasbir Singh alias Shaka was a cleaner. On seeking the police party which included Head Constable Hukam Chand PW 6 and A.S.I. Med Singh, the accused Inder Singh ran away taking advantage of darkness whereas the accused Jasbir Singh was apprehended, S. I. Amrik Singh then sent a V.T. message to the D.S.P. Headquarter and on receipt of the same, Mr. Yogender Nehra, D.S.P. (PW 7) reached there.

(3.) Mr. Yogender Nehra, D.S.P. searched the truck, as S.I. Amrik Singh suspected some narcotic substance in the same. 160 bags of poppy straw were recovered from the truck and each of the bags contained 40 Kgs. of poppy straw. Out of these bags, 100 GMS. of poppy straw was separated from each as sample. The samples and the residues were then separately sealed with the seals of 'YN' and the seal after use was handed over to S.I. Amrik Singh whereas the case property was taken into custody vide memo Ex. PE. Builty (consignment note). Ex. PF was also recovered from the said truck and this consignment was in the name of Dhira Bai and according to the same, the goods were in the shape of 180 bags of soap stone powder weighing 30 quintals and driver on the said truck was Inder Singh. This consignment note was also taken into custody vide memo Ex. PF/1.