Advocates:
['R K KOTWAL', '', 'MANDEEP SINGH', 'ADITYA VARDHAN SINGH KOTWAL', 'FAHIM AHMED', 'WAHEED CHOUDHARY', 'SEEMA SHEKHER', 'SR AAG', '', 'ASEEM SAWHNEY', 'AAG', 'S S AHMED', 'L K MOZA AAG']

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

…

CRA no.14/2013

Reserved on: 09.03.2021

Pronounced on: 19.03.2021

Jaspal Singh and another

……...Appellant(s)

Through: Mr R.K.Kotwal, Advocate

Versus

State of J&K

……Respondent(s)

Through: Mr Aseem Sawhney, AAG

CORAM:

HON’BLE MR JUSTICE TASHI RABSTAN, JUDGE

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

Koul J:

1. By virtue of this appeal the appellants herein assail their

conviction awarded by learned Sessions Judge, Kathua (for short

<Trial Court=) for offence committed under Section 8 read with

Section 15(C) of the Narcotics Drugs & Psychotropic Substance

Act (hereinafter called as <NDPS Act=) for recovery of 720 Kg of

Bukhi from their possession. The appellants were to undergo

rigorous imprisonment for 20 days and to pay a fine of Rs. One

lac for the commission of offence under section 8 r/w Section

15(C) NDPS Act.

2. The case of the prosecution, as emerges from the challan, reveals

that on 19.08.2010 at 11.00 AM, the appellants, namely, Jaspal

Singh S/o Roshan Singh, being driver and owner of the vehicle,

and the helper, Harpal Singh S/o Roshan Singh, both residents of

Dharam Kot District Mogo, were found in a Truck bearing

No.PB12H-7041. When appellants reported for clearance of

Truck at Export yard Toll Post Nagri Kathua, they stated that the

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CRAA no.14/2013

truck is empty, but when the truck was physically checked by

Excise Guard on duty, namely, Javed Iqbal, the truck was found

loaded with filled gunny bags. The said Javed Iqbal, Excise

Guard, immediately reported the matter to Dheeraj Kumar, Sub

Inspector, Excise Toll Post, Nagri, Kathua, who in turn reported

the matter to Inspector Excise, Rohit Sharma. Ultimately the

matter was brought to the notice of Shri Pardeep Singh Chib,

Excise and Taxation Officer, Toll Post Nagri. The vehicle was put

to thorough physical examination under the supervision of Shri

Pardeep Singh Chib, ETO, along with Rohit Sharma, Inspector

Excise, and two Excise Guards, namely, Javed Iqbal and Fazal

Hussain. It was found that 20 gunny bags were allegedly

containing Poppy Straw (Bukhi) in the Truck No.PB12H-7041.

Both the convicted persons were detained on the spot. The matter

was reported to the Inspector Excise Sub Range, Kathua, who

came on the spot along with Executive Magistrate, Kathua. The

contraband was seized and weighed in presence of the Executive

Magistrate and it was found to be weighing 720 Kgs. Two

samples weighing 50 gms were taken from each bag and sent to

FSL for chemical analysis. The FSL report reveals the sample

belonging to Poppy plant (pappaver Somniferum) and morphine

was detected from them. It was found in the investigation that the

appellants were transporting, smuggling commercial quantity of

poppy straw illegally. After completion of the investigation,

challan was filed and the charge for the commission of offence

under sections 8/15 NDPS Act was proved against both the

appellants. After full dress trial, both the appellants stand

convicted by the Court of Principal Sessions Judge, Kathua, vide

its judgment dated 14.0.2013. On 15.01.2013, the appellants were

sentenced to undergo rigorous imprisonment for a period of 20

years, with a fine of Rs.1.00 Lakh each for commission of offence

under Section 8 read with Section 15 (C) of NDPS Act. In default

of payment of the fine, the appellants would undergo simple

imprisonment for a further period of one year.

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3. Appellants have preferred the instant appeal against the

judgement dated 14.01.2013 and the sentence order dated

15.01.2013 before this Court. The appellants challenge the

judgement and order on the following grounds:

(a) That appellants are innocent and have not committed any offence;

(b) That the entire evidence collected during investigation by the

investigating officer is in violation of the law governing the

search, seizure of the alleged contrab