KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KARAMJIT Singh accused by filing instant criminal appeal has assailed his conviction and sentence ordered by learned Additional Sessions Judge/Special Judge, Amritsar vide judgment of conviction dated 01.08.1995 and order of sentence dated 04.12.2002 thereby convicting the accused -appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act') and sentencing him to undergo rigorous imprisonment for five years and to pay fine of Rs.50,000/ -and in default thereof, to undergo further rigorous imprisonment for one year

(2.) PROSECUTION case in brief is that on 13.09.1993, police party headed by SI Tarsem Parkash Singh and including ASI Santokh Singh and other police officials was present in chowk Ram Talai, Amritsar. Babu Ram was also joined by the police. Accused Karamjit Singh came from the side of Golden Avenue. On seeing the police party, he sat down on the pretext of urinating. He was apprehended by the police on suspicion. He was to be searched on suspicion of contraband substance. He was informed about his right to be searched in presence of Magistrate or Gazetted officer. The accused desired to be searched in presence of Gazetted officer. Accordingly by sending wireless message, Chaman Lal, DSP was called to the spot. Thereafter bag of the accused was searched. It was found to contain opium. Out of it, 10 grams opium was separated as sample and the remaining opium weighed 1 kilogram. Separate parcels of sample and remaining opium were prepared and sealed and were seized by the police. FIR was got registered by sending ruqa to the Police Station. Statements of witnesses were recorded. Rough site plan of place of occurrence was prepared. The accused was arrested. On return to Police Station, the accused along with case property was produced before Joginder Singh, SHO, who affixed his own seal on parcels of sample and remaining opium. The sample on analysis by Chemical Examiner was found to be of opium. Accordingly, on competition of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, 'Cr. P. C.') for prosecution of the accused under Section 18 of the Act.

(3.) IN support of its case, prosecution examined five witnesses.