ABAS ALI S/O BASHIR AHMED RESIDENT OF CHANDPUR, DISTRICT BIJANPUR, UP, NOW AT MANDI DHANAURI, MURADABAD Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 21.5.1997, rendered by the Addl. Sessions Judge, Barnala, vide which it convicted the accused (now appellant), for the offence, punishable under Section 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only), for permitting the use of Canter No. UGA -9929, for transporting the contraband, and Dalwinder Singh, Gurbhej Singh, and Abdul Khalik, his co -accused, for the offence, punishable under Section 15 of the Act, and sentenced them, to undergo rigorous imprisonment for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months each.

(2.) THE facts, in brief, are that on 22.4.1996, Nachhattar Singh, SI, alongwith other police officials, was present at the bridge of drain, in the area of Kurar, in connection with search of suspects. Karnail Singh, public witness, who came from the side of Kurar, on bicycle, was stopped. When Nachhattar Singh, SI, was talking to Karnail Singh, a canter, came from the side of village Kurar, which was stopped, by him. The canter bore No. UGA 9929, which was being driven by Gurbhej Singh, accused, while Abdul Khalik, accused, was sitting by his side, whereas, Dalwinder Singh, accused, was sitting in the back portion, on tarpaulin, under which something was covered. Nachhattar Singh, SI, enquired of the identity of all the accused. Thereafter, the search of the canter, in the presence of Pritpal Singh, DSP, who was called to the spot, by sending a message, in accordance with the provisions of law, was conducted, as a result whereof, 10 bags containing rice polish, and 37 bags, containing poppyhusk, were recovered therefrom. Each bag was having 38 Kgs. poppy -husk. Two samples of 250 grams each, were drawn, from each of the 37 bags, and the remaining poppy -husk was kept in the same bags. The samples and the bags, were converted into parcels, duly sealed with the seals, bearing impressions 'NS' and 'PS', and, thereafter, taken into possession, vide a separate recovery memo. 10 bags of rice polish, alongwith registration of canter, tarpaulin, and stepney , were also taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. The accused, except Abas Ali, were arrested. Abas Ali, accused, being the owner of the Canter, was arrested later on. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Pritpal Singh, DSP (PW -1), Nachhattar Singh, SI (PW -2), Balwinder Singh (PW -3), Ajaib Singh, Constable (PW -4), and Gurcharan Singh, SI (PW -5). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.