KHURSHED AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) ON 1.7.95, appellants Khursheed Ahmad and Hafiz Ullah were convicted by the learned Sessions Judge, Jammu for the commission of offences under sections 20/ 27 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of one lakh each. In dealt of payment of fine, appellants had to further undergo simple imprisonment for three years.

(2.) THE prosecution case, briefly stated is that on Nov. 18,1994, a police party headed by Sub -Inspector Farooq Ahmed Zargar (from Police Station Gandhi Nagar Jammu) was on general surveillance duty (Naka duty) near the Cremation Ground, Shastri nagar, Jammu. At about 12 noon they were checking the vehicles passing through the road and found the appellants coming from Shastri nagar area. They were riding on an un -registered scooter which was being driven by appellant Khursheed Ahmed and appellant Hafiz Ullah was pillion rider. The naka party gave them a signal to halt, but instead of un -gearing the scooter and alighting from it, they made an attempt of escape by changing their direction and escalacating the speed. The members of the naka party gave them a hot chase and after covering short distance succeeded in apprehending them. Search was conducted where upon appellant Hafiz Ullah was found carrying charas wrapped in a polythene packet which he had concealed in worn jacket. Similarly, from the wearing coat of appellant Khursheed Ahmed, a polythene packet containing charas was found. SI Farooq Ahmed Zargar attached both the packets, after weighing it was found that the packet of appellant Hafiz Ullah contained 1 Kg charas whereas, the packet of Khursheed Ahmad weighed 700 gms. Samples weighing 20 gms each were taken therefrom and sealed. After the arrest of the appellants and seizure of contraband charas, SI Farooq Ahmed Zargar informed the SHO Police Station Gandhi Nagar, Jammu who came on the spot and took over the possession of the seized articles.

(3.) AFTER the completion of the investigation final report was submitted before the learned Sessions Judge, Jammu who proceeded with the trial and found the appellants guilty of the above stated offences and accordingly convicted and sentenced them.