NAZIR AHMED Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Instant applications were taken up together for consideration and being disposed of by this common order.

(2.) The applicants-accused, namely, Nazir Ahmed, Amrik Singh and Barkat Lal after facing trial have been convicted for the commission of offences punishable under Section 8 / 20 (C) of the NDPS Act and directed to undergo sentence of Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- for committing the said offence. It was further provided that in case of default of payment, the applicants-accused were directed to undergo simple imprisonment for a period of one year.

(3.) The brief facts of the case are that on 24th day of September, 2010, a Naka was laid down by Incharge Nazir Akbar Khan, ASI along with other Police Constables and during checking at 05.30 am, one Truck bearing registration No.JK03-0880, which was coming from Satwari and was going towards Miran Sahib was stopped by the Police Party and while conducting the search of the Truck, three sacks from the Tool Box of the truck and two Ginny bags (Plastic Toras) were found from below the seat near to the driver and on opening the same, it was found to contain poppy straw, which was more than one quintal in quantity. Afterwards a docket was written by the Incharge of Naka party for lodging FIR in Police Station, Miran Sahib and on the basis of the said docket, FIR No. 78/2010 under Section 8 / 15 NDPS Act came to be registered. After the completion of the investigation, the challan was presented by the Police and after conclusion of the trial, the applicants-accused stands convicted for the commission of the aforesaid offences vide judgment dated 26.03.2014 and vide order dated 01.04.2014 were sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs.1.00 lac, and in default of payment of fine, the applicants-accused shall undergo further imprisonment for a period of one year.