BALWINDER SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and the order of sentence passed by the learned ASJ dated 15.9.1999 and 21.9.1999 respectively in the Sessions Case No. 26/98. Brief facts which are necessary to dispose of this petition are recapitulated as under:

(2.) According, to the prosecution on 15.4.1998 at A B. Gate in the departure hall, Palam Airport the appellant was intercepted by ASI Dinesh Prashad (who was on routine frisking duty), when the appellant was about to board Sahara Airlines flight for Patna.

(3.) On search, five polythene packets containing opium were recovered from the right sock worn by the appellant. The total weight of the opium was 175 gms. The samples were taken out from each polythene packet. From packets Nos. 1,2 and 3, 2 gms, each was drawn as samples whereas from packets Nos. 45, samples of 5 gms. were drawn. The balance opium and sample parcels were first duly sealed in separate polythene packets and thereafter in two respective big polythene packets and were sealed with the seals carrying initials of 'SRT and 'JPA'.