BALWIDNER SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 11.02.1994, rendered by the Court of Additional Sessions Judge, Patiala, vide which it convicted the accused (now appellants), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced them to undergo RI for a period of 10 years each and to pay a fine of Rs. 1 lac. each, in default of payment of fine to undergo further rigorous imprisonment, for a period of two years each, for having been found in possession of 110 bags, each containing 41 Kgs poppy husk, without any permit or licence.

(2.) The facts, in brief, are that on 03.08.1988 Dalip Singh, Station House Officer, Police Station Gobindgarh along with Jagroop Singh, Sub Inspector, and other police officials, was present at Amloh road Chowk Turan. Jaswant Singh son of Chanan Singh, r/o Kukar Majra happened to meet them at that place. The Police Party was talking to him, when Truck No. DIL- 781 came from the side of Mandi Gobindgarh. It was signalled to stop. The driver of the truck tried to accelerate the speed of the same. The police party, however, got stopped the truck. The driver and one more person, were made to alight from the truck. The driver told his name as Balwinder Singh, whereas, the other person told his name as Darshan Singh. Darshan Singh was the cleaner of the truck. Search of the truck was conducted, in accordance with the provisions of law. 110 bags, each containing 41 Kgs of poppy husk, were recovered from the truck. A sample of 250 grams of poppy husk, was taken out, from each of the bags. Thereafter, the contents of the samples were put into small packets and the remaining poppy husk was kept in the same bags. The bags, and the samples, were converted into parcels, duly sealed, and taken into possession, along with the truck, vide a separate recovery memo. The ruqa was sent to the Police Station, on the basis whereof the FIR was recorded. The site plan was prepared. The accused were arrested. The Statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.

(3.) On their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which they pleaded not guilty and claimed judicial trial.