GURBUX SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 08.1.2001 (hereinafter as 'impugned judgment') passed by the learned Special Judge, Ferozepur (hereinafter as 'trial Court'), whereby the accused-appellant has been convicted for the commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts of the present case are that Shri Ramesh Sharma, Inspector, Customs Department, Fazilka, received a secret information on 26.4.1993 regarding the sale of opium by one Gurbux Singh, herein appellant, at his dhani. Pursuant to the secret information, a raiding party comprising of Inspector Harvinder Singh and Inpsector Mahesh Kumar Sharma with other Custom Officials headed by Inspector Ramesh Sharma under the garb of bogus customers, contacted the suspect-accused while other Custom Officials stayed back hiding in the fields of wheat crop. After a good deal of negotiations, the suspect agreed to sell opium to the bogus customers. The suspect went to a nearby field where he had kept the opium in the wheat crop and came back with a bag and started coming to the bogus customers. While he was returning, the Customs Officers gave a signal to the hiding party who immediately came out of the hiding spot. On seeing this, accused Gurbux Singh became suspicious and tried to run away with his bag. He was chased and apprehended after a minor scuffle. Two independent witnesses, namely, Pawan Kumar and Kamaljit, were joined as independent witnesses. On search of said bag, two polythene bags containing opium were found. Another small jeans bag containing metallic weighing scale along with weights of 100gms., 50gms. and one rupee coin and one 25 paise coin duly wrapped in a polythene paper, were recovered from the said small bag. On weight, opium weighing 1.5 Kg. was recovered from both the bags being carried by the accused-Gurbux Singh.

(3.) After completion of investigation and other formalities, the accused was challaned for committing the offence under Section 18 of the Act, to which he pleaded not guilty and claimed trial.