AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal preferred against judgment dated 8.4.1996 of the Additional Sessions Judge, Amritsar (hereinafter described as 'the trial Court') vide which the appellants have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each. In the default of payment of fine, they have been directed to further undergo rigorous imprisonment of one year.

(2.) THE prosecution case is that on 6.4.1992, a mini truck, make Sawraj Mazda, bearing registration No. HR-2-A-3780, was intercepted at about 11.45 a.m. by the police party which was already holding a 'naka' on the pacca road of Dhottan-Jamarai. It was allegedly being driven by appellant No. 1-Avtar Singh. Appellant No. 2-Alamjit Singh was sitting in the rear portion on the gunny bags. Both of them were made to alight from the truck and a search was conducted. They were asked whether they would get themselves searched before a gazetted officer, but they expressed full faith in Davinder Singh, Assistant Sub Inspector. Accordingly, thirty bags which were lying in the truck, were searched. They were found to be containing poppy husk and the weight of each was found to be 38 kilograms. A sample of 250 grams was taken from each of the bags. All the thirty samples and the gunny bags with remaining poppy husks were separately sealed with the seal bearing letters 'DS' and were taken into possession vide recovery memo Ex.-PC. The seal, after use, was handed over to Constable-Mela Singh. The vehicle was taken into possession vide memo Ex.-PD and the appellants were arrested as they failed to produce any permit or licence for the recovered contraband. The sized contraband and the appellants were produced before Sub Inspector-Anokh Singh, who was then Station House Officer of Police Station, Sirhali, who verified the facts of the case and affixed his own seal on the samples as well as on the case property.

(3.) THE trial Court charge-sheeted the appellants under Section 15 of the Act to which they pleaded not guilty and claimed trial.