VIJAY KUMAR DODO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed on the appellant by the Ld. Addl. Sessions Judge, Amritsar in Sessions Case No. 163 of 1988 passed on 30.1.1990

(2.) According to the case of the prosecution on 3.8.1988, ASI Mohinder Singh along with HC Ram Lubhaya and other police officials hold a naka on the drain bridge in the area of village Wadala Bhitewad. At about 5.30 a.m. accused Vijay Kumar along with one Rajesh Kumar came from the side of village Wadala Bhitewad and they have been stopped on suspicion, ASI told the accused that they were to be searched and if they wanted, the search can be affected by a Gazetted Officer, but the accused replied that they have faith in the ASI. Accordingly, ASI searched the accused and recovered 100 grams of opium from the pocket of the pant of the accused Vijay Kumar. Thereafter, formal FIR was registered. After completion of investigation, challan was presented against the accuses under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as (-sic-) committal, the Ld. Addl. Sessions Judge framed a charge under Section 18 of the Act. He claimed trial by not pleading guilty to the charge.

(3.) In order to prove the guilt of the accused, prosecution filed an affidavit of PWs. 1 & 2 as they were formal witnesses and examined PWs. 3 & 4. Thereafter accused was examined under Section 313 Criminal Procedure Code and he stated that he was falsely implicated in the case.