MUNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred by the appellant being aggrieved of the judgment and order dated 09.01.2015 passed by Judge, Special Court, Bathinda, vide which he was convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ' the Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and, in default of payment thereof, to further undergo rigorous imprisonment for two months.

(2.) As per prosecution case, on 18.12.2009, SI/IO Balwinder Singh alongwith the police party, was present on Santpura Road in connection with Nakabandi. They sawone clean shaven person coming from the side of Janta Nagar. On seeing the police party, he became nervous and fell down and two vials came out of the satchel held in his right hand. He was apprehended with the help of police officials. On search, 15 vials of Recodex, 100 Mis each, were recovered from his possession. One sealed parcel was separated and the sample parcel as well as bulk parcel were sealed by the Investigating Officer with his seal bearing impression 'BS'. The seal after use was handed over to HC Surjit Singh. On personal search of the accused-appellant, currency notes of Rs.120/- were recovered and the same were taken into possession vide memo Ex.P-3. Ruqa Ex.P-4 was sent on the basis of which FIR Ex.P-5 was registered.

(3.) After receipt of report of Chemical Examiner Ex. P-10 and after completion of investigation and necessary formalities, challan was presented against the appellant.