AVTAR SINGH Vs. STATE OF PUNJAB
LAWS(SC)-2002-9-99
SUPREME COURT OF INDIA
Decided on September 18,2002

AVTAR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

INDER SAIN VS. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

MEGH SINGH VS. STATE OF PUNJAB [LAWS(SC)-2003-9-123] [REFERRED]
KASHMIR SINGH AND ANOTHER VS. STATE OF HARYANA [LAWS(P&H)-2018-8-163] [REFERRED TO]
PAWAN KUMAR @ PAPPU AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2018-2-230] [REFERRED TO]
C L NARYANA VS. UNION OF INDIA [LAWS(J&K)-2004-7-24] [REFERRED TO]
PANDAV SARKAR VS. STATE OF U P [LAWS(ALL)-2011-8-79] [REFERRED TO]
RAVINDER KUMAR AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-12-21] [REFERRED TO]
GURBACHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-8-413] [REFERRED]
SHASHI ATWAL VS. STATE OF PUNJAB [LAWS(P&H)-2010-9-145] [REFERRED TO]
RAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2011-7-104] [REFERRED TO]
HAKAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-4-78] [REFERRED TO]
GURMIT VS. STATE OF HARYANA [LAWS(P&H)-2008-2-106] [REFERRED TO]
JOGA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-5-402] [REFERRED TO]
GURDIP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-1-49] [REFERRED TO]
GIAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-5-79] [REFERRED TO]
DAYAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-12-40] [REFERRED TO]
PETRONET LNG LIMITED VS. COMMISSIONER OF SERVICE TAX [LAWS(CE)-2013-10-42] [REFERRED TO]
CHINGO VS. STATE OF MIZORAM [LAWS(GAU)-2018-2-185] [REFERRED TO]
PRATAP BHIMSINGH PARERA VS. STATE OF MAHARASHTRA & ANR [LAWS(BOM)-2018-12-56] [REFERRED TO]
MUZAFFARAHMED MOHAMMED KHALIL VS. STATE OF GUJARAT & ANR [LAWS(GJH)-2015-8-178] [REFERRED]
NAIM JAMIRODDIN SHEIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-1-13] [REFERRED TO]
PRAKHAR RAMESH CHANDRA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-12-32] [REFERRED TO]
KESAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-9-584] [REFERRED]
LAKHA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-9-191] [REFERRED TO]
JARNAIL SINGH VS. STATE OF HARYANA [LAWS(P&H)-2015-1-465] [REFERRED TO]
DARSHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-4-45] [REFERRED TO]
AJAIB SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-9-14] [REFERRED TO]
HIGH COURT OF KARNATAKA VS. SYED MOHAMMED IBRAHIM [LAWS(KAR)-2014-12-219] [REFERRED TO]
LAXMAN POOJARY AND ORS. VS. THE STATE AND ORS. [LAWS(KAR)-2015-3-303] [REFERRED TO]
PRANTOSH PAUL, WEST TRIPURA VS. STATE OF TRIPURA [LAWS(TRIP)-2014-5-6] [REFERRED TO]
ABU VS. STATE OF KERALA [LAWS(KER)-2009-11-43] [REFERRED TO]
KASHMIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-2-521] [REFERRED TO]
RAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2004-9-30] [REFERRED TO]
HOSHIAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-2-105] [REFERRED TO]
JOGA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-8-93] [REFERRED TO]
RAMU VS. STATE OF PUNJAB [LAWS(P&H)-2008-3-73] [REFERRED TO]
MALKIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-5-32] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. AJAY ATWAL ALIAS DIKKY & ORS [LAWS(HPH)-2017-12-40] [REFERRED TO]
AJIJUR RAHMAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-12-36] [REFERRED TO]
RAJESH SAHARAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-4-185] [REFERRED TO]
BIKKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-3-570] [REFERRED TO]
SUKHDEV SINGH VS. THE STATE OF HARYANA [LAWS(P&H)-2008-3-190] [REFERRED TO]
MOHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-1-69] [REFERRED TO]
BALWINDER SINGH, VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-263] [REFERRED]
RUPDHAR MURIA VS. STATE OF ORISSA [LAWS(ORI)-2016-4-35] [REFERRED TO]
CHANAM RANJIT MEITEI VS. UNION OF INDIA [LAWS(GAU)-2009-5-55] [REFERRED TO]
GUMAN SINGH VS. STATE OF H.P. [LAWS(HPH)-2013-7-49] [REFERRED TO]
JAGBAR SINGH VS. DEVISIONAL FOREST OFFICER [LAWS(GAU)-2013-11-25] [REFERRED TO]
ONYX MAIPHOK VS. STATE OF ASSAM [LAWS(GAU)-2010-8-54] [REFERRED TO]
STATE VS. VIJAY KESHARWANI [LAWS(MPH)-2010-10-13] [REFERRED TO]
RAMESH VS. STATE OF HARYANA [LAWS(P&H)-2017-9-345] [REFERRED TO]
NIRMAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-9-861] [REFERRED]
IMRAN KHAN VS. UNION OF INDIA [LAWS(BOM)-2022-10-161] [REFERRED TO]
SHYAM BABU VISHWAKARMA ALIAS RAMBANU ALIAS SHYAM BABU VS. STATE OF U P [LAWS(ALL)-2011-10-36] [REFERRED TO]
SHASHI KANT SINGH VS. STATE [LAWS(ALL)-2011-3-230] [REFERRED TO]
BUMBI VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-9-70] [REFERRED TO]
MAHABIR SINGH DAHIYA AND ANR. VS. STATE THROUGH C.B.I. [LAWS(DLH)-2007-2-234] [REFERRED TO]
D.BHAMBRI VS. EKNATH MARUTIRAO KALMETKAR [LAWS(BOM)-2021-10-369] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. AJAY ATWAL ALIAS DIKKY & ORS [LAWS(HPH)-2016-12-243] [REFERRED TO]
KULESHWAR DHRUW VS. STATE OF C.G. [LAWS(CHH)-2006-6-17] [REFERRED TO]
SUMAN DEB VS. STATE OF MEGHALAYA [LAWS(MEGH)-2015-6-9] [REFERRED TO]
HEERA SINGH VS. STATE OF UTTARANCHAL [LAWS(UTN)-2005-3-3] [REFERRED TO]
BHERU LAL VS. UNION OF INDIA [LAWS(RAJ)-2011-3-69] [REFERRED TO]
DARA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2017-12-75] [REFERRED TO]
NACHHATRO VS. STATE OF PUNJAB [LAWS(P&H)-2007-11-52] [REFERRED TO]
AMARJIT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-3-72] [REFERRED TO]
LAKHBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-4-23] [REFERRED TO]
DALBIR SINGH ALIAS BEERA VS. STATE OF PUNJAB [LAWS(P&H)-2008-1-18] [REFERRED TO]
IN REFERENCE VS. VIJAY KESHARWANI [LAWS(MPH)-2010-10-102] [REFERRED TO]
CHARANJIT AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-4-270] [REFERRED TO]
JASWINDER SINGH ALIAS BINDER VS. STATE OF PUNJAB [LAWS(P&H)-2009-11-92] [REFERRED TO]
DALWINDER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2014-1-100] [REFERRED TO]
SUKHDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-1-500] [REFERRED TO]
PAPPU SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-7-135] [REFERRED TO]
MANSINGBHAI LAXMANBHAI HALPATI VS. SHANTABEN LAXMANBHAI HALPATI AND OTHERS [LAWS(GJH)-2017-12-298] [REFERRED TO]
SANJAY PATEL, INTELLIGENCE OFFICER VS. SHAHID IBRAHIM MANIAR & ORS. [LAWS(GJH)-2017-5-38] [REFERRED TO]
ABDUL KADIR MAZUMDAR VS. STATE OF ASSAM [LAWS(GAU)-2017-8-21] [REFERRED TO]
ALLAN BAINBRIDGE, PRESENTLY AT CENTRAL JAIL VS. STATE OF GOA, THR POLICE INSPECTOR [LAWS(BOM)-2020-9-206] [REFERRED TO]
TIRUPATI RAJMAHI WALAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-2-187] [REFERRED TO]
RAJU VS. STATE [LAWS(ALL)-2016-7-51] [REFERRED]
MOHAN LAL VS. STATE OF RAJASTHAN [LAWS(SC)-2015-4-46] [REFERRED TO]
ABU VS. STATE OF KERALA [LAWS(KER)-2009-11-18] [REFERRED TO]
JAGIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-2-17] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-6-82] [REFERRED TO]
SMT. NANDA RANI DAS VS. THE STATE OF WEST BENGAL & OTHERS [LAWS(CAL)-2015-4-149] [REFERRED TO]
GULABBHAI MITTHALBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2003-9-7] [REFERRED]
YOGENDRA KUMAR SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-1-88] [REFERRED TO]
MOHAN SHAMRAO MOHITE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-121] [REFERRED TO]
FRANK KINGSLEY UGOCHUKWU VS. DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(DLH)-2014-12-83] [REFERRED TO]
HIRMA MARKAMI VS. STATE OF C G [LAWS(CHH)-2006-3-27] [REFERRED TO]
SUNEEL KUMAR YADAV @ BHOORI VS. UNION OF INDIA [LAWS(ALL)-2018-2-51] [REFERRED TO]
DEVABHAI ARJANBHAI MODHWADIA VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-37] [REFERRED TO]
JUMMABHAI HASANBHAI KESUR VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-192] [REFERRED]
GURDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-12-25] [REFERRED TO]
AVTAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2007-7-15] [REFERRED TO]
RAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2006-7-94] [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-1-63] [REFERRED TO]
MUKHTIAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-2-12] [REFERRED TO]
SUKHWINDER SINGH SON OF NARANJAN SINGH SON OF HAZARA SINGH, BASTI NIZAMDINWALI, TEHSIL AND DISTRICT FEROZEPUR, RANJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-7-177] [REFERRED]
BHOLA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-1-60] [REFERRED TO]
DIDAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2006-1-142] [REFERRED TO]
MOHAMMED MUZAM ALIAS THAMBIALIASSAMSUDEEN VS. STATE: [LAWS(MAD)-2010-3-136] [REFERRED TO]
SAFIQUE MIAH; MRINAL BHOWMIK VS. STATE OF TRIPURA [LAWS(TRIP)-2014-4-61] [REFERRED]
NAR SINGH VS. STATE OF HARYANA [LAWS(SC)-2012-8-99] [REFERRED TO]
GIAN CHAND VS. STATE OF HARYANA [LAWS(SC)-2013-7-123] [REFERRED TO]
LANGPOKLAKPAM KIRANJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-11-1] [REFERRED TO]
GOKLARAM JERUPARAMJI DHAKA VISHONOI VS. STATE OF GUJARAT [LAWS(GJH)-2003-11-8] [RELIED UPON]
ISMAIL ADAM MITHA VS. STATE OF GUJARAT [LAWS(GJH)-2004-8-30] [REFERRED TO]
GULNAWAZ KHAN ALIAS GULNAWAZ ALIAS GULLU VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-7-142] [REFERRED TO]
JAGJIT SINGH AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2014-7-994] [REFERRED]
KARAJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2009-5-5] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-2-120] [REFERRED TO]
SHINOJ VS. SUB INSPECTOR OF POLICE [LAWS(KER)-2021-1-181] [REFERRED TO]
RAHIM UDDIN MAZURBHUYAN VS. THE STATE OF ASSAM [LAWS(GAU)-2014-6-84] [REFERRED TO]
BOINA CHINNAM NAIDU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2004-11-29] [REFERRED TO]
RUPSING VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-11-36] [REFERRED TO]
TEEJ RAM SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-1-63] [REFERRED TO]
BRIJESH CHAUDHARI VS. STATE OF U.P [LAWS(ALL)-2022-5-184] [REFERRED TO]
MIR MURADALI KHURSHID ALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-3-151] [REFERRED TO]
MUKHTIAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-138] [REFERRED TO]
RADHEY SHAM VS. STATE OF HARYANA [LAWS(P&H)-2010-11-276] [REFERRED TO]
VIJAY KESHARWANI VS. STATE [LAWS(MPH)-2010-10-65] [REFERRED TO]
RAJ KUMAR AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-10-1] [REFERRED TO]
NIRMAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-1-21] [REFERRED TO]
RANU VS. STATE OF CG [LAWS(CHH)-2006-8-38] [REFERRED TO]
JEETU NAT & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-10-25] [REFERRED TO]
DINESH KUMAR VS. STATE (NCT OF DELHI) [LAWS(DLH)-2022-11-135] [REFERRED TO]
SATHALIYA JALAMSINGH WARDAWAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-105] [REFERRED TO]
PRAKASH ALIAS SANJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-11-57] [REFERRED TO]
SK MUSTAFA SK IBRAHIM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-6-37] [REFERRED TO]
NIRMAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-9-151] [REFERRED TO]
KULDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2016-1-102] [REFERRED TO]
NAR SINGH VS. STATE OF HARYANA [LAWS(SC)-2014-11-10] [REFERRED TO]
KAMENDRA SAO ALIAS RAMASHISH RAM VS. STATE OF BIHAR [LAWS(PAT)-2004-2-89] [REFERRED TO]
PRAMOD RAI VS. STATE OF BIHAR [LAWS(PAT)-2023-6-36] [REFERRED TO]
RAJINDER SINGH @ PAPPU VS. STATE OF PUNJAB [LAWS(P&H)-2013-12-532] [REFERRED]
HARBANS SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-1-72] [REFERRED TO]
RAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2006-6-3] [REFERRED TO]
PARAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-10-34] [REFERRED TO]
PIARA VS. STATE OF PUNJAB [LAWS(P&H)-2008-5-19] [REFERRED TO]
PIAR KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2008-8-31] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-9-40] [REFERRED TO]
AVTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-9-74] [REFERRED TO]
MOHAMMAD ISHA VS. STATE OF HARYANA [LAWS(P&H)-2003-11-49] [REFERRED TO]
GURDIP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-8-127] [REFERRED TO]
AVTAR SINGH (DIED) VS. STATE OF PUNJAB [LAWS(P&H)-2023-1-78] [REFERRED TO]
UNION OF INDIA VS. RAJENDRA [LAWS(MPH)-2019-8-76] [REFERRED TO]
JAGDISH RAI VS. STATE OF PUNJAB [LAWS(SC)-2011-3-34] [REFERRED TO]
STATE OF PUNJAB VS. HARI SINGH [LAWS(SC)-2009-2-226] [REFERRED TO]
NEMICHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-8-28] [REFERRED TO]
JASWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-1-34] [REFERRED TO]
SOM NATH VS. STATE OF PUNJAB [LAWS(P&H)-2006-6-5] [REFERRED TO]
SUKHDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-7-577] [REFERRED TO]
KAKU SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-3-74] [REFERRED TO]
JARNAIL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-4-76] [REFERRED TO]
KEWAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-8-12] [REFERRED TO]
KISHORE BIRA VS. STATE OF ODISHA [LAWS(ORI)-2022-7-27] [REFERRED TO]
SANTOSH PATRA VS. STATE OF ORISSA [LAWS(ORI)-2014-11-47] [REFERRED TO]
DARSHAN SINGH SON OF KUNDAN SINGH SON OF ARJAN SINGH AND NIRMAL SINGH SON OF DARSHAN SINGH SON OF KUNDAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-1-363] [REFERRED]
BHOLA SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-38] [REFERRED TO]
BALDEV SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-12-32] [REFERRED TO]
ASHOK KUMAR AND ORS. VS. THE NARCOTICS CONTROL BUREAU [LAWS(DLH)-2015-7-344] [REFERRED TO]
P.F. TOPNO AND ORS. VS. STATE OF BIHAR [LAWS(PAT)-2015-9-41] [REFERRED TO]
DALJIT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2010-1-351] [REFERRED TO]
PRITAM SINGH VS. STATE OF HARYANA [LAWS(P&H)-2010-3-117] [REFERRED TO]
MADAN LAL AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2013-10-526] [REFERRED]
PREMNARAYAN PRABHULAL MINA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-98] [REFERRED TO]
SATHALIYA VS. STATE OF MAHARASTRA [LAWS(BOM)-2008-1-120] [REFERRED TO]
CHERIVE MUNASWANY VS. STATE [LAWS(APH)-2022-11-40] [REFERRED TO]
SONU VS. STATE OF H.P. [LAWS(HPH)-2015-4-23] [REFERRED TO]
MANIK DEBNATH AND OTHERS VS. STATE OF ASSAM [LAWS(GAU)-2007-12-49] [REFERRED TO]


JUDGEMENT

P. Venkatarama Reddi, J. - (1.)Five persons including the three appellants herein were charged under S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act') for having conscious possession of 640 Kgs. of poppy husk on 7-8-1989 without valid permit or licence. According to the prosecution case, they were all travelling in a truck belonging to accused No. 5 in the small hours of 7-8-1989. The vehicle was checked at canal bridge near the village Dhange at about 1-30 a.m. by PW. 2 ASI who was on the patrolling duty along with PW. 4 (Head Constable) and two other constables. The vehicle was carrying 16 bags of poppy husk. Balbir Chand-appellant No. 3 herein was driving the vehicle. One person who was sitting in the front seat by the side of the driver and another person sitting on the back side of the truck ran away leaving the vehicle. These two persons are said to be Swarna Ram Accused No. 3 and Swatantra Kumar (since deceased). The other two sitting at the back i.e., appellants 1 and 2 and the driver of the vehicle-Appellant No. 3 were apprehended on the spot. 16 gunny bags of poppy husk were recovered. 250 gms was taken out as sample from each bag and sealed. The remaining bags were weighed after sealing and each bag was found to contain 39 Kgs and 750 gms. The sealed bags and sample were sent to the concerned Police Station. On the search of person of each of the accused, nothing incriminating was found. P.W. 5, who was SHO at Police Station Goraya, made further investigation. According to him, ASI Darbari Lal (PW 2) produced the three appellants herein along with the case property of 16 bags of poppy husk and 16 samples when he was at the bus stand Goraya for patrolling. He affixed the seals on the bags and sent the samples to the chemical examiner. The report of the chemical examiner is Ex. PX, according to which the contents are 'Poppy head' containing morphine. The sealed bags were produced in Court.
(2.)The learned Additional Sessions Judge, Jallandhar, acquitted Swarna Ram for the reason that his identity was not established and also acquitted Amrik Singh the owner of the vehicle on the ground that there was no proof that he knowingly allowed the vehicle to carry the offensive stuff. Each of the appellants was convicted under S. 15 and sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lakh and in default to undergo RI for a further period of two years. On appeal, the High Court confirmed the verdict of the trial Court. The contention that S. 50(1) of the Act has not been complied with was rightly negatived by both the Courts on the facts of the case and no contention has been advanced before us in this regard. The contention that independent witnesses were not examined was also negatived holding that at that hour and place, it was difficult to expect any independent witness to be present there.
(3.)The more important contention raised before the High Court was that from the mere fact that the appellants were sitting in the truck, it cannot be held that they were in possession of poppy husk. The High Court observed that the appellants did not come forward with the case that they were merely passengers and that they were unaware of what was contained in the bags. The reason for travelling at that odd hour with the offending goods was not stated by any of the accused. Therefore, the High Court concluded that "their close connection of being in possession of the poppy husk must be held to have been established". The High Court also pressed into service the presumption under S. 35 of the Act.


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