JAI SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment and order of conviction dated 24 -06 -1998 in a sessions case No. 151 of 1996 passed by the Sessions Judge, Jammu in FIR No. 198 dated 20 -10 -1996 registered u/s 20/29 of Narcotic Drugs and Psychotopic Substances Act, 1985 (for short N.D. PS. Act in police station Bahu, Jammu vide which all the three appellants have been sentenced to undergo rigorous imprisonment for a period of 10 years and fine of Rs. one lac each. In default of payment of fine to further undergo imprisonment for a period of one year.

(2.) BRIEF facts of the case are these on 12 -10 -1996 a police party comprising Head constable Sat Paul was on a nakka duty at Narwal Bala Chowk. The police party found three persons carrying bags and intercepted them. These bags were found containing charas. The Head constable detained the persons and flashed a message on wireless to Sh. Lohit Kumar Lohya, Sub -Divisional Police Officer who immediately appeared on the scene. It was only after his arrival that search and seizure of the charas was affected from the appellants. The samples of the charas were also obtained from each of the bags separately and sent for chemical examination. These samples were sent to the Director, J&K, P.S.L. Jammu. According to the report of the Scientific Assistant, the samples were found to contain charas. On receipt of the report from the Laboratory and completion of the investigation, the accused were charged u/s 20 of the Act and sent up for trial which culminated in their conviction.

(3.) THE appellants impugned the judgment and order of conviction on the following grounds: -