KARAMVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has been convicted by the learned Additional Sessions Judge, Hoshiarpur for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs. One lac vide judgment dated 9.6.1990 in RBT Session Case No. 18 dated 30.8.1989.

(2.) ACCORDING to the case of the prosecution, the Police party headed by S.I. Radha Kishan alongwith Faqir Chand, D.S.P. and other officials of the B.S.F. held a nakabandi on 17.12.1988 and accused was stopped when he was coming in a car, with other accused, bearing registration No. HPY-395 at about 9.30 p.m. on 17.12.1988. S.I. Radha Kishan made a search of the accused, which resulted in recovery of 500 grams Charas. Sample of Charas was taken and separately sealed. Remaining Charas was also sealed. After completion of the investigation, challan was presented against the accused. In order to prove the guilt of the accused, prosecution examined four witnesses beside marking certain documents. After closure of the evidence, accused was examined under Section 313 Cr.P.C. The accused did not adduce any evidence in defence. On a consideration of the evidence on record, learned Additional Sessions Judge, Hoshiarpur convicted the accused for the offence under Section 20 of the N.D.P.S. Act and sentenced him as stated above. Hence, this appeal.