TARSEM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Tarsem son of Shankar (hereinafter described as (the Appellant). It is directed against the judgement and order of sentence passed by the learned Additional Sessions Judge, Jalandhar dated 13.7.1995. The learned trial Court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act'). By the subsequent order of sentence the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. 1 lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

(2.) The facts alleged by the prosecution are that on 16.4.1994, A.S.I. Kabal Singh alongwith Head Constable Karnail Singh, constable Bhupinder Singh and others were going from Jandiala. They were on bicycles and were patrolling the area. They reached the bridge of canal minor in the area of village Kaler. The appellant was seen coming from the opposite side. He was carrying a gunny bag on his head. On seeing the police party, he tried to slip away. On suspicion he was stopped. A.S.I. Kabal Singh told the appellant that his search is to be effected. If the appellant desires, the search would be effected in presence of the Gazetted Officer or a Magistrate. The appellant deposed confidence in A.S.I. Kabal Singh in this regard. His statement was recorded and was thumb marked by the appellant.

(3.) The search of the bag, which was being carried by the appellant was effected. 17 Kgs. of poppy husk was recovered. 250 gms. was taken as a sample. The sample and rest of the poppy husk were converted into separate parcels and scaled with seal of 'KS'. Both the packets were taken into possession vide a recovery memo.