SHER SINGH ALIAS SHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 28.05.1999, rendered by the Special Judge, Amritsar, vide which he convicted the accused (now appellant), 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 him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of six months, for having been found in possession of 20 bags, each containing 35 Kgs poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 19.08.1995, Sub Inspector Satnam Singh along with other police officials, was present at the turning of village Panjwar, on the metalled road, for duty, in connection with Janam-Asthami, and checking of bad characters. At about 2.30 PM one truck, came from the side of Jhabal and Balraj Singh, Head Constable, gave a signal, to the same to stop. When the truck driver was stopping the truck after slowing down its speed, it was found that Sher Singh alias Shera son of Jagat Singh, resident of village Daulowal, was driving the same. The truck bore registration No. PBJ-6411. Thereafter, Sher Singh, speeded up the truck and ran away. On suspicion, Satnam Singh, Sub Inspector and the members of the Police party chased the truck, in the official vehicle. On seeing the Police vehicle, chasing the truck, the accused after covering a distance of one and half kilometers, stopped the same, got down therefrom, and succeeded in making his escape good in the crops. The truck was searched. 20 bags were found lying therein. Each bag was found containing 35 Kgs poppy husk. A sample of 500 grams, from each of the bags, was taken out, and the remaining poppy husk was put in the same bags. The samples, and the bags, containing the remaining poppy husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was recorded. The site plan was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Raghbir Singh, ASI, (PW- 1), Shamsher Singh, S.I., (PW-2), Satnam Singh, SI, (PW-3), and Nazar Singh, MHC, (PW-4). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.