BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AROUND 12.50 P.M. on 1st January, 1986 accused appellant Baljinder Singh while in the area of old Octroi Post, Rajpura, district Patiala of Punjab State, was found to be in conscious physical possession of 4 kg. of opium contained in a bag which was being carried by the accused-appellant in his right hand at the relevant time. Vide its impugned judgment dated 15th Oct 1986 learned trial court convicted him of the commission of the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay rupees one lac as fine. In default of payment of fine the accused-appellant was ordered to undergo rigorous imprisonment for a further period of two years. Feeling aggrieved therefrom convicted accused Baljinder Singh has filed Criminal Appeal No. 786-SB of 1986 in this Court for assailing it.

(2.) I have heard Shri Vicas Singh, Advocate, for the appellant, Shri Sukhbir Singh, Advocate, for the State and have carefully gone through the relevant record.

(3.) IN similar circumstances it has repeatedly been held in Hakam Singh v. Union Territory, Chandigarh, 1988(2) Chandigarh Law Reporter 75, Murli Dhar v. State of Haryana, 1990(1) Chandigarh Law Reporter 369 and Amrit Singh v. The State of Haryana, 1990(2) RCR(Crl.) 525 (P&H) : 1990(1) Chandigarh Law Reporter 437 :-