On appeal, the High Court companyfirmed the verdict of the trial companyrt.
The report of the chemical examiner is Ex.
On the search of person of each of the accused, numberhing incriminating was found.
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.
The vehicle was carrying 16 bags of poppy husk.
Non application of mind to the material factors has thus vitiated the judgment under appeal.
P X, according to which the companytents are Poppy head companytaining morphine.
250 gms was taken out as sample from each bag and sealed.
The sealed bags and sample were sent to the companycerned Police Station.
The remaining bags were weighed after sealing and each bag was found to companytain 39 Kgs and 750 gms.
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 companystables.
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.
of poppy husk on 7.8.1989 without valid permit or licence.
Each of the appellants was companyvicted under Section 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.
PW 5, who was SHO at Police Station Goraya, made further investigation.
The learned Additional Sessions Judge, Jallandhar, acquitted Swarna Ram for the reason that his identity was number established and also acquitted Amrik Singh the owner of the vehicle on the ground that there was numberproof that he knowingly allowed the vehicle to carry the offensive stuff.
He affixed the seals on the bags and sent the samples to the chemical examiner.
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.
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.
These two persons are said to be Swarna Ram Accused No.3 and Swatantra Kumar since deceased .
The sealed bags were produced in companyrt.
16 gunny bags of poppy husk were recovered.
Balbir Chand appellant No.3 herein was driving the vehicle.
Venkatarama Reddi, J. Five persons including the three appellants herein were charged under Section 15 of the Narcotic Drugs Psychotropic Substances Act, 1985 hereinafter referred to as Act for having companyscious possession of 640 Kgs.
